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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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if my employer continued to pay my salary after i was terminated

Resolved Question:

if my employer continued to pay my salary after i was terminated do I have to pay it back.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. If this was a payment in error, in other words they didn't have a contractual duty to pay you, then yes, you would owe them the money back. To keep it would be known in the legal realm as "unjust enrichment," meaning that you received something that you weren't entitled to and keeping it would be inequitable. That said, if it has been a few years since the overpayment and they are just coming back to you know, then your attorney, if you were sued, could raise the issue of "laches" which is an objection to the collection of the overpayment because it has been so long and they should have collected it sooner. Those defenses work sometimes, but the delay would have to be significant. Otherwise, they must be repayed.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17148
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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