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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Payroll Mistake

    My wife recently resigned from work do to them forcing her to move from one location to another, and received two paychecks afterwords. Because of the way her salary works it has never been an even split over each paycheck(she is a teachers assistant). She receives higher paychecks after summer and before summer. She is also paid two weeks behind. Because of this my assumption was that this was whatever money owed for the time worked.

    We cashed the checks and moved on, now two weeks later payroll contacted us telling us that they made and error, and left my wife intimidating messages making it seem like she broke some kind of law, telling her that it's her responsibility to return these checks immediately.

    If a check is written in your name and it clears, are you legally responsible for their error?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Payroll Mistake

    If she received money that she did not earn and is not entitled to, she has to return it regardless of whose error it was. No law in any state says that as long as it's the employer's error you get to keep payroll mistakes in your favor.

    If the error was in the employer's favor you'd want the balance owed you, right? Why do you think you should get the best of both worlds?

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