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Allen M., Esq.
Allen M., Esq., Attorney
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Experience:  Lawyer and legal specialist.
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I quit my salary job in Louisiana 4 months ago, and the

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I quit my salary job in Louisiana 4 months ago, and the company still kept sending me a paycheck every month. Is this against me legally or the company for sending them?
Terry Poindexter
Submitted: 11 months ago.
Category: Legal
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It's not against you legally, but you do have to pay it back. What I mean is, they made the mistake. You didn't submit requests for paychecks in order to get paid, engaging in any sort of fraud. You are not criminally wrong then.

That being said, you don't get to keep the funds. This concept is called "unjust enrichment" and it is a civil law issue. You weren't working and didn't earn the money, so you don't get to keep it. You have to pay it back. The fact that you did nothing to cause this and the employer did means that you have some ability to request a reasonable payment option and you shouldn't be charged interest for having their money, but that doesn't mean you don't have to pay it back.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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