Deposit error by previous employer

[Alisha]

Slightly less than one year ago, May 25, 2006, the firm that handles the salary dispersement for my previous employer deposited an extra paycheck in my account after I resigned from that practice. I was told by a previous on-line attorney that if they did not contact me within 6 months that I was no longer obligated to return the money as it was their error. I was delivered a registered letter from them today demanding a return of the money ($8,000) by May 31, 2007. If anyone can give me some advice as soon as possible, I would be very grateful. Thank you in advance for your assistance. Please note that previous employer was in Lincoln, Nebraska, but I now reside in North Carolina.

 

[muggsyj]

This is not legal Advice!




This is another way to look at the situation.

Let's say you deposited a small amount of money for a utility bill maybe $300. and by some silly mistake you wrote $3,000 and the company received the money and then decided to keep quiet for a while. Then some time later you receive you bank statement and realized you made a silly error. Would you just leave it and say never mind or would you pursue that which is yours???? would they have your money fraudulently?

If you have spent the money, I would suggest trying to come to some kind of deal where you pay it back bit by bit; but that's only my opinion.


Take care


Mark.

 

[calalily]

Did the on-line lawyer tell you where he got that information from? Get the law citation so you can respond with the legal justification of not repaying. You may be able to contact the Nebraska Labor Department with your question, however they (ex-employer) probably can and will sue you for the overpayment of wages. If you knew it at the time that it was an overpayment and didn't report it, it is like stealing from them though.
http://www.dol.state.ne.us/nwd/center.cfm?PRICAT=5&SUBCAT=5A&ACTION=lmi