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Former Employer paid me (Direct Deposit) in Error (California)
Anonymous3 views2 answers
My former employer paid me 3k for this current pay cycle in error/ they are requesting I do not spend the money and that the reversal will take 3-5 days out of my account. I was terminated without fault and I am starting to think that my severance was very low, is there a statute of limitations after the deposit? for ex if its deposited tomorrow and I withdraw it , they will not be able to reverse it, as I'm guessing they can only reverse WHOLE amount ?? is there a CA law i should know about ? I'm guessing they can potentially sue me??? Also since I did some post termination work in helping the few that took over my roles after I left (free consulting)/ I have chat logs/ emails to prove this... ,(can i claim that was work for this amount inadvertently deposited into my account?
Sounds like you should work something out with your employer. First, you are not entitled to keep the money that was paid to you by mistake. If an employer overpays an employee, it cannot deduct the overpayment from the employee's check without the employee's written authorization. However, as you note, the employer can sue the employee to get its money back.
Second, if you performed work for the employer, you must be paid for that work. If not, you probably have a valid wage claim for unpaid wages. Under some circumstances, your employer may have to pay you additional money as a penalty.
The amount of money involved here is not enough to justify retaining an attorney. However, you can file a claim with the Division of Labor Standards Enforcement (DLSE), which is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.
If you are to get another job, besides your termination, this issue will reflect poorly in a job interview or background investigation. If the employer has requested a return of the funds and you keep the funds, it is similar to conversion of such funds. Be honest and Proceed cautiously.
