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Emplyer kept paying after I left...

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Paul Spencer

Guest
My wife (fiancée at the time) left her job nearly 10 months ago. The company kept electronically depositing her paycheck – apparently this is a common occurrence with this rather large company. At first she thought it was her bonus (due just prior to leaving). The payments kept coming. She made repeated attempts to correct the problem. Called the company's HR and billing departments to let them know of the problem and wrote them letters, alerting them of the error. Her attempts continued each month, to no avail. She even tried to get the bank to no longer accept the payments - which apparently can't be done, unless you close the account. Then, we were married and she had her name changed on the account. The company suddenly noticed their error, and quickly called her to threaten consequences. Although, they still continued to deposit more paychecks. Finally they stopped and then began sending her documents from their lawyers. She made several attempts to talk to the designated company contact, but no effort was made to return her calls. She talked to the company's law firm as well, explaining that the company was not responding to her calls. She explained that she was willing to repay the money, minus her bonus (due the month prior to her departure) and time spent repeatedly trying to correct their error. They gave no response, and have now served her with papers for the full amount plus interest. What are her rights? Thanks in advance for any help.
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You need a lawyer. As to what she did, if she has kept records of all of her attempts, bonus points to her.

This could go either way. See, at first she didn't know of the mistake. When she was made aware, she kept attempting to contact them, but they kept depositing. Your lawyer will say she showed good faith and went out of her way to correct the problem.

They are only due the amount of the last check, where both parties were in agreement about the error.
This interest trash is the law firm's bullying attempts. Don't worry about it.

May I suggest your attorney file a countersuit for abuse of process, bad faith and file sanctions against the law firm.
 

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