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

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • 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

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.