Garden Grove, CA asked in Employment Discrimination for California

Q: Agency I work for claimes a payroll mistake occurred.over a 9month period.now want me to pay back

Now ,I never clocked in for the hrs,never worked with the app we use to verify the shift.Client never submitted the revisions to agency as he was suppose to and agency never confirmed they just assumed.therefore falling through the cracks . Leaving me responsible to pay back now..wasn't a large amount in my acct to notice any red flags.

Related Topics:
2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Employment Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: You already posted this question on this website and both Mr. Pedersen and I answered you about your responsibilities and what the employer can do. Suggest that you read what we posted.

Justia disclaimers below, incorporated herein.

Neil Pedersen agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: The law does not allow one person to profit from the mistake of another. You are going to be legally required to return any money that you received that was paid by mistake. If you do not work out repayment, your employer can terminate you and sue you and recover the money, plus interest.

There is no defense available that would allow you to avoid that outcome because you did not know.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.