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I worked for Just brakes that was bought out by Pep boys, I…

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I worked for Just...

I worked for Just brakes that was bought out by Pep boys, I got a severance package. about month after I was laid off I started getting payment to my bank account for Just brakes, not pep boys. I thought they made a mistake in my pay so being laid off paid my bills. long story short it went on for 3 months, now Pep boys is saying I owe them back 11,000. I'm in texas and it has been 90 days since the last time just brakes gave me money. what are my rights.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Im in texas

Lawyer's Assistant: Has anything been filed or reported?

Pep boys are in another state

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They sent me a letter threatening to take legal action against me. saying I have to pay them back. my bank shows JBRE and they are Pepboys.

Submitted: 9 months ago.Category: Employment Law
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Answered in 23 minutes by:
11/7/2017
Employment Lawyer: Lucy, Esq., Lawyer replied 9 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened. There's a concept in the law that says a person is not allowed to enrich themselves at someone else's expense. So, if they can establish that you knew the money wasn't yours or that the excess amount created an obligation to investigate, and that you kept it anyway, it's possible that they'd be able to get a judgment saying you have to return the money. The bigger issue is that when you give someone authorization to deposit funds into your bank account, that form includes authorization to remove the money if they make a mistake - and they can probably use that to show that you agreed to repay them. That's a stronger argument for them than unjust enrichment. Worse, they could just try to back out the transactions, which may cause overdraft fees on your account. It is possible to argue that since you did not solicit the money, it was a gift and you should be allowed to keep it, but honestly, my gut says that this argument won't be successful for the reasons discussed above. If they sued, you would be able to force them to prove that they are the same company as JBRE, but that shouldn't be too difficult for them. You should also be aware that it's extremely difficult to collect a judgment in Texas. They're not allowed to garnish your wages when you get a new job. They can't put a lien on your home. And they can't take any money from current wages out of your bank account. Meaning that if you offer to pay them back over time, or if you offer them a lesser amount to avoid the time and energy of going to court, they might take it. It could cost them more than $11,000 in legal fees to sue you. If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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Category: Employment Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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