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LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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Hi, My previous employer is still paying me even after I ...

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Hi, My previous employer is still paying me even after I have terminated my employment as I am now with a new job,obviously, nobody wants to give away free money, and I certainly don''t, but do I have to legally give it back if they ask? Can i get in trouble for keeping it? Do I have to report it as income on my yearly tax return, if so, that will put me in a higher tax bracket and I would pay more and when I give it back (if I have to) I would theoretically lose money, as I was in a higher bracket for the year before and now the money is gone.


Thank you for your question.

This money is not legally yours, even though you are receiving it through no fault of your own. At some point your employer will be coming to request it back from, so if you do not give it back now, you may be requested to pay it all back at some point in the future. Your best may be to deal with this now, ensuring that you are taken off their payroll and that the money is returned.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!


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