cbg said:
IAAL - are you saying that if the company legitimately did overpay her, she has NO liability for repayment?
Of course, she has no fault in the matter - that goes without saying. But is the company not entitled to recover any legitimate error?
If the company had UNDERPAID her, she'd be entitled to collect. Are you saying it goes only one way?
Not an arguement - a question.
My response:
I realize yours is only a question, and you're correct to write to me asking for clarification. I know you're not arguing.
In the law, we have certain equitiable defenses favoring an unwitting and innocent party - - one of which is the doctrine of "laches" (pronounced, "la-cheese"). The equitable defense of laches may be used, and sustained, if the employer has "unreasonably delayed" in their request for a refund.
Remember, our writer has been out of work for 2 months; i.e., probably no income, or very little. Since money is "fungible" and quickly converted to other uses; e.g., buying food, paying bills, etc., and coupled with the fact that our writer is out of work, and believed that the money was for payment of earned vacation, our writer would be severely "prejudiced" by "making right" the employer's mistake.
A court, upon deciding such defense, and in it's right of equitable power, would conduct a balancing test of both party's prejudice; e.g., the employer's loss of the funds, and the former employee's ability to rectify the "enrichment" after a 2 month delay.
In this scenario, who would be more damaged (prejudiced) by the innocent mistakes of each party? In other words, who would recover from the error quickly and more easily - - the employer or the former employee, when both parties are equally innocent and hurt by the error?
Since money is fungible, and so easily and quickly converted to another use, the employer's request for a refund may be denied if it is shown that the employer unreasonably delayed in seeking relief, causing prejudice to the former employee; e.g., why did it take so long for the employer to review it's "books" to find the error 2 months later?
Such a delay is, in my opinion, unreasonable - - causing our writer, the former employee, to suffer great financial harm and an "unwarranted change of financial position". The greater the prejudice to the enriched party, the more likely it is that the court will determine that equitable defenses such as laches or estoppel apply to the request for relief from the employer.
IAAL