How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33803
Experience:  15 years practicing attorney
19958803
Type Your Employment Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

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...

.

thanks

Barrister

.