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Received salary in error after resignation

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1 Received salary in error after resignation on Thu Sep 01, 2016 3:01 pm

nightflare30


Arresto Menor
Good day po,

I would like to seek advise regarding my situation. I resigned from my work but was able to receive salary for several months after my resignation date. The HR was aware of my resignation however it seems there was an error on the payroll department causing them to still send money to my payroll account. I was able to use the money because I have yet to find another job.

The day after my resignation I was able to get an email from HR advising me to complete my clearance, which I was unable to complete.

Can the company demand that I return the money? Can they take legal action?



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council


Reclusion Perpetua
nightflare30 wrote:Good day po,

I would like to seek advise regarding my situation. I resigned from my work but was able to receive salary for several months after my resignation date. The HR was aware of my resignation however it seems there was an error on the payroll department causing them to still send money to my payroll account. I was able to use the money because I have yet to find another job.

The day after my resignation I was able to get an email from HR advising me to complete my clearance, which I was unable to complete.

Can the company demand that I return the money? Can they take legal action?




Yes they can demand and take legal action. It is not your money as you did not earn it. You got it because of a mistake.

This is not a "finders keepers" situation.

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HrDude


Reclusion Perpetua
Yes, of course. Based on the Civil COde provision on "Unjust Enrichment', you are duty-bound to return what is not due you and you may be liable if the Company initiates an action against you.

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