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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12608
Experience:  Significant experience in all areas of employment law.
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I worked for a company for a few months and then stopped.

Customer Question

I worked for a company for a few months and then stopped. They paid me and I had no further contact. They apparently changed their payroll company and I have now started getting biweekly paychecks (I have not worked for them since December 2015). I called the company several times and told them what was going on. They said they would take care of it but have not. They have I99 for me, so I will get a w2. At this point I am just holding on to the money, but is there ever a point where it becomes mine, such as if I pay taxes on it?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

Unfortunately, no. When money is paid to you accidentally it does not become yours after a certain period of time. The money absolutely must be returned. Failure to do so exposes you to a lawsuit for its return, plus interest, plus perhaps also punitive damages if the employer can prove that you willfully refused to return the money. Keeping the money and hoping the don't correct their mistake would be a very poor decision. I Wish I could provide better news, but it would be irresponsible of me to tell you give you anything other than a straight answer here.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 10 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.