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  1. #1
    Join Date
    Jul 2005
    Location
    CALIFORNIA
    Posts
    5

    Default Overpaid, and employer wants a refund

    I WAS RECENTLY LETGO FROM MY EMPLOYER FOR THE REASON I WAS GIVEN " WE HAVE TO MANY SUPERVISORS" ANYWAY AFTER TURNING IN MY UNIFORMS AND OTHER MISC ITEMS I GOT MY FINAL CHECK WHICH INCLUDED MY VACATION PAY I WAS DUE, MY EMPLOYMENT THERE LASTED A TOTAL OF NINE MONTHS. WELL THE FOLLOWING WEEK I RECIEVED ANOTHER CHECK FOR THE SAME AMOUNT. I ASSUMED THIS WAS AN ERROR AND IGNORNED IT, WELL THE JOB HUNT WASNT GOING WELL AND ME BEING A SINGLE PARENT OF TWO YOUNG BOYS I RAN OUT OF MONEY AND WASNT GOING TO SEE AN UNEMPLOYMENT CHECK FOR ANOTHER WEEL OR TWO. THEREFORE I MADE THE DECISION TO CASH THE CHECK. WHEN I DID A CALL WAS PLACED TO THE COMPANY TO VERIFY THE CHECK AND IT WAS APPROVED. WELL NOW I GOT A LETTER STATING IT WAS AN ERROR AND THEY WANT THE MONEY BACK.

    AM I LIABLE FOR REPAYING THE MONEY UNDER CALIFORNIA LABOR LAWS?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Overpaid

    Yes.

  3. #3
    Join Date
    Sep 2005
    Location
    CA
    Posts
    1

    Default

    I have a similar situation, similar circumstances. But after getting my overpayment, I sent an e-mail to my former employer, alerting them of the situation. I got a confirmation that they received my e-mail, but they never said anything to me about it again. I suppose what I'm asking is...would that e-mail be enough to cover me? Was I supposed to lead a crusade to give this money back? And, now, the money is gone, but I certainly wouldn't have lived beyond my means had I gotten a response from them.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Overpaid by Ex-Employer

    If they demand that you return the money, you probably don't have a legal defense against the demand. But who knows... maybe they won't ask.

  5. #5
    Join Date
    Nov 2005
    Location
    Parts Unknown
    Posts
    1

    Default Similar situation, but extenuating circumstance

    I have a similar situation. I was let go by my employer in January. I held a Sr. Management position and after a week I received my final pay check via Direct Deposit. The next week I received another live check mailed to my home. It did not have any hours worked information and was for an "odd" amount different than my standard pay. I was under the assumption that this was severance or payment for unused vacation time.

    Now, 9 months later, the company is asking for that money back. Is it possible to use the law of Estoppel or detrimental reliance to block them from getting what they believe is their money? I still do not believe that they are entitled to this.

    Thanks.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,027

    Default Failure to Return Overpayment

    It's not very likely. If you can demonstrate that you were actually owed vacation time, or had a contractual agreement to receive severance pay, you could respond that you were entitled to the money under the terms of the contract.

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