Louisville, KY asked in Banking and Business Law for Kentucky

Q: Handling salary overpayments after termination

I recently noticed that my former employer has been continuing to deposit salary payments into my bank account even after I was let go about two months ago. I have accrued almost $7000, and I'm unsure how to handle these funds. I've tried contacting the local office of the company, but no one answers. I've only attempted direct calls, not to the corporate number. There was no severance package or agreement for additional payments after termination. Should I consider blocking these deposits with my bank, and what should I expect regarding the return of these funds?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It's important not to block the deposits right away. Instead, it’s best to keep track of the overpayments while you work on resolving the situation. The company may eventually notice the mistake and ask for the money back. Blocking the deposits could complicate things further and may even cause confusion or delays if the company later contacts you.

You should try contacting the corporate office, not just the local office, and explain the situation clearly. If you're unable to reach anyone by phone, consider following up with an email or formal letter. Keep records of all attempts to get in touch, as this can help protect you if the company requests the money back later.

If the company does contact you about returning the funds, be prepared to repay the overpayments. It's common for companies to recover overpaid wages, but they may offer a payment plan or other options. The best approach is to work with them cooperatively while ensuring that you don't give up the money prematurely if they haven't yet acknowledged the mistake.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.