Legal question about payroll
 

A friend of mine got fired from their job a few weeks ago. He got his final paycheck, and was shown the door. Four days later he gets a check in the mail from his former employer, and of course cashes it.

A week after that the former employer calls him up and tells him that check was in error, and wants the money back - About $1500.

Can they legally do that?

Nothing illegal for asking your friend to returns funds.

Yes.

If they over paid him, he will have to pay it back or go into collection.

Shitty situation though.

Are you asking if he can keep money that is not rightfully his? I'm guessing, no.

Yes.

Can he legally keep it? No.

Did he already spend it? Probably.

Legally he has to return it.

I once got paid similarly. Of course, I called them and told them about it. It was an auto deposit so the funds were in my account. Without me signing anything, they were somehow able to take the funds back out of my account. Which was fine. I didn't get fired. I quit on good terms and knew the money wasn't mine to begin with.

However, possession is 9/10's of the law, isn't that how the saying goes? If I was feeling begrudged by my former employer in a situation like this one, I would shut down all communication. Don't answer calls, don't return messages, just go silent. They'll end up having to hire an attorney or do some work they probably don't have the time to do and eventually they'll give up and move on. If they don't, well, he would have to pay it back anyway so he's no worse for wear.

My advice is not free however. I'll be requiring 10,000 unies per day to any of my sites for the next 30 consecutive days. Any day under 10,000 and you start over. I don't care which site. Your choice. :-)

You're welcome.

Steve

I just got an email from my attorney who is in CA and AZ.... And he says "According to California regulations, errors caused by the employer cannot be collected back from the employee."

More or less, the only way they can get this money back is to take him to court.

And yes he already spent the money.

California is always Different, Most states, you have to pay it back!

Well looks like they wont take him to court if the employer cannot collect the money.

LOL @ the legal "advice" here...

According to California regulations, errors caused by the employer cannot be collected back from the employee. http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

I noticed you said 'legally' not 'morally'.

Because you and everyone else knows it was a mistake and your 'friend' wants to keep money that doesn't rightly belong to 'him'?

That is a sweet deal if they are not allowed to legally collect it back. Nice little severance bonus!

Not my choice. I wasn't paid in error. You kick me to the curb and then over pay me on the way out, you think I'm gonna repay you? LOL. If a former employer called me up and told me this I'd laugh at them.

He should tell them to GFY.

$1500 ain't enough for them to go to court over and they are just trying to fuck him.

Sally.

My guess is if that 1500 isn't returned the bookkeeper who accidentally sent those funds will be fired as well. Ask your friend if he liked the bookkeeper and if he thinks them being fired is a good outcome.

Legal and moral often are trumped by practical.

This is exactly what's wrong with the world now a days, everyone tries to get ahead by doing what's "legal" rather than what's "right'... this should have been a non-issue, $$ wasn't earned so it should have been returned, but instead your buddy contacted a lawyer and just stole $1500 from his ex-employer by using a loophole in the law...:2 cents:

:2 cents::2 cents:

What does his scenario have to do with deductions? I think this AZ/CA attorney Rochard consulted with is incorrect. The employer can sue to recover wages paid in error.

I would want to see his reliance. :2 cents: AZ labor law is nothing like CA labor law.