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Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 34837
Experience:  16 years practicing attorney
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Last February 2015 I rolled over my 401k from a previous

Customer Question

Good morning. Last February 2015 I rolled over my 401k from a previous employer to my current employer. I just got an email from my previous employer stating that I was given an incorrect amount and I need to pay back approximately 5k. Legally can he do that? I would think the financial institution would be responsible. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


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...





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