Former Employer Is Still Issuing Checks
Q My former employer who fired me still deposited paychecks in my account for five months. I’ve closed my account, but they are sending me checks by mail. I’ve been calling human resources and leaving messages, but they do not respond to me. What can I do?
--S.C., San Gabriel
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A This is an unusual problem, but it’s not unheard of. Unfortunately, you are not legally entitled to keep the money paid to you by mistake. If you keep the money, your former employer could sue you for its return after discovering the mistake.
You should return the checks via certified mail to your former employer, with a letter explaining the mistake. You should also request in writing that your former employer correct its payroll records so that the W-2 form issued to you for this year will be accurate.
--James J. McDonald Jr.
Attorney, Fisher & Phillips LLP
Labor law instructor, UC Irvine
Competitor’s Job Offer Is Withdrawn
Q After working at one company for almost a year, I received a better offer from a competitor. I was very excited and turned in my resignation.
It turned out that the new position was never truly available, according to a company executive. He said the person who hired me should not have made the offer and is no longer with the company.
My old company filled my job and said they were accepting my resignation. I had to accept another offer at 60% of the previous company’s offer. I hate it here and would not have taken the position if I weren’t in such dire straits.
I met with an attorney, who advised me that while the competitor’s actions were not illegal, the company probably would be willing to give me between $10,000 and $20,000 just to make me go away. But the attorney wanted $3,500 up front, just to start the litigation.
When I contacted the company that made the offer, they told me they were trying to create a position for me. Of course, I have not heard from them since.
Should I pursue this further, or just accept this as another fact of life in California?
--M.T., Lancaster
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A I would pursue the matter further.
Regardless of whether the individual who made you the offer had actual authority to make such a representation about employment, that person certainly had the apparent authority to do so. Therefore, those statements can be binding on the company.
You took action based on the promise, so you may have a claim both for breach of contract and for misrepresentation against the company that promised and then failed to hire you.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.
