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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I was recently terminated from my employer and I received my

Customer Question

I was recently terminated from my employer and I received my final pay & accrued sick time. This last payroll cycle they deposited my regular wages directly into my account as before. Since it was their mistake am I required to return the money?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, since your former employer paid you through mistake or inadvertence for work that you did not perform, and since you have no reason to believe in good faith that you were entitled to receive that payment and did not rely on such assumption to your detriment, you must return the money to your former employer. Conceivably, they could sue you to compel the money's return.

I realize this may not be the answer you were hoping to hear, but I hope that regardless you appreciate an accurate legal response to your question.

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Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.



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Customer: replied 5 years ago.
Is that the only way they can recover their money? Can they withdrawl the money back out of that account or other accounts? What if they are a bank, can they manually go into my accounts & withdrawl or overdrawl the funds?
Expert:  Patrick, Esq. replied 5 years ago.
I can't imagine how your former employer would have sufficient access of your bank account to actually withdraw funds without your permission. I also imagine that doing so would raise a number of legal problems for them. The options in this situation are generally either return the money or get sued and be compelled to return the money. Hope this helps clarify.

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