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If the employer can prove that the amount you received is incorrect, then yes, they can pursue its recovery under the legal doctrine of "unjust enrichment" which states if someone receives a benefit that they are not entitled to, they have to return or repay it. You aren't legally allowed to keep the money due to their error..
But if you refused, he would have to file a civil suit against you for the money and it might not be worth it to them to pay an attorney to do so...