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?
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.
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.