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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27881
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Last year I resigned from a company "X" , the company paid

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Last year I resigned from a company "X" , the company paid 2 pay checks after my last date . they were Direct deposit .
I got a mail from them to refund the same . I wanted to know what are the rules around the refund and I am liable for their mistake. I would like to refund the money , I have spent that money.
The letter said if I pay by Dec 20 it will reflect in W2 or they will issue and W2C and they will sent it to collection by Jan 31, 2013.
What are the rules around this kinda problem
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation.
Under CA law, mistakes made by employer is accidentally overpaying employees--or in your case, employees no longer with the company, are subject to be recovered by the company from the employee.
The law does not allow you to keep the money simply because it was paid in error to you.
The company has the right to issue you a W-2 for the money paid inadvertently if you do not return it. The can also send their claim to collection in an attempt to get it back, because under the law, you are liable to reimburse them the overpayment.
I wish you the best in 2013.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.
Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.
Thank you,
Doug
Customer: replied 1 year ago.
Thanks for the response. Is there a way I could get more time by the law or its up to the companies discretion.
Expert:  LawTalk replied 1 year ago.
Good afternoon,
The debt is due now. If you are talking more time before they send to collection---that is an agreement you would need to reach with them. make them a repayment schedule offer that is reasonable and you may avoid the collection issue.
I wish you success.
You may reply back to me again, using the Reply to Expert link, if you have additional questions.
Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.
I wish you the best in 2013,
Doug
Customer: replied 1 year ago.
I will rate you , I don't think that's a worry. Are there any rules around time , that if its after 2 years the company cannot ? I was researching it on the web and though to have read something on those lines.
Expert:  LawTalk replied 1 year ago.
That is the statute of limitations you are referring to. Under CA law, if you don't pay, and they don't sue you within 2 years, they can no longer sue to collect.
Doug
Customer: replied 1 year ago.
Thanks
Expert:  LawTalk replied 1 year ago.
Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.
Thanks again.
Have a great day,
Doug
Customer: replied 1 year ago.
I will rate you
Customer: replied 1 year ago.
for some reason I don't see the rate stars on the bottom of the page
Expert:  LawTalk replied 1 year ago.
You can only rate an answer. Here,I'll mark this as an answer.
Thanks,
Doug
LawTalk, Attorney
Satisfied Customers: 27881
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you

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