Kerhonkson, NY asked in Employment Law for New York

Q: Can I be legally charged for cashing a check set to me by former employer for time I did not work?

They hired me gave me a start date I quit previous job worked for two day they informed me that I was never cleared through the justice center and I have to take off til they did which they did not so I was let go I received the pay for two days worked two weeks later they sent me another check I thought it was compensation for having quit my job for them now they want the money back

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: An employment attorney could advise best, but your post remains open for three weeks. As a GENERAL premise, overpayment to a payee will generally result in a legitimate claim by a payor to demand return of overpayment - whether that payor is a bank, insurance company, or other entity. Based on your description, it looks like a misunderstanding on your part. For charges to materialize, the state of mind required is usually more along the lines of fraud or deceit, and it looks like you didn't act in that manner. But again, an employment attorney would be able to advise more meaningful and accurately. Good luck

Tim Akpinar

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