• Need advice on having been overpaid by previous employer

Dear Sir/Madam:
Hope you are doing very well.
I am Ravi Tripathi, working as a Manager at a renowned MNC in bangalore, was previously working with another MNC. With the previous MNC, I took a 2.5 months unpaid leave, due to my sickness and informed the management and HR before proceeding on LWP(Leave without pay), in e-mail.
I am yet to receive the EXIT letter from previous employer, and due to error on their part, they have overpaid me, i.e. they have paid me complete salary for the duration of 2.5 months.
However, I was not aware of this fact, as I do not use that particular bank account much, and the funds got utilized by my parents for my home loan repayment.
Currently I am out of extra funds and they are asking me to refund a salary of those 2.5 months, which they credited to me out of their error, I do not have any part in making that happen.
Can you please share your invaluable insight that whether they can do anything legally if I commit to refund the money in some months or do not refund at all? Please guide me.

Thanking you in advance.!

Thanks,
Ravi Tripathi.
Asked 1 year ago in Labour from Bangalore, Karnataka
1) you should refund the excess money paid to you by your previous employer 

2) if you fail to do  so company will not give you experience letter or relieving letter 

3) company may issue you legal notice to recover excess money paid and may file suit to recover the money 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1) admittedly you have been overpaid 

2) if case is filed against you and court orders you to refund money you have to comply with court orders 

3) even if it is an error on their part once error has been discovered you have to make payment when demanded 
Ajay Sethi
Advocate, Mumbai
26123 Answers
1420 Consultations
5.0 on 5.0
1.  You have received the said excess amount due to some human error which you are bound to repay,

2. If you refuse to repay the said amount, they can file a recovery suit alongwith interest, damage and cost from you which you shall have to pay,

3. they can also refuse to issue you release order and/or inform your present employer asking them to deduct the same from your salary and remit to them. This will surely spoil your reputation and will be detrimental to your career,

4. So, it will be prudent on your part to refund the said amount.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
280 Consultations
5.0 on 5.0
Can you please share your invaluable insight that whether they can do anything legally if I commit to refund the money in some months or do not refund at all? Please guide me.

The company may issue a lawyer's notice demanding you to refund the amount paid in excess to you, if you do not comply with the demand made, they may file a money recovery suit against you under section 37 CPC





Suppose I fail to return the demand to them within their mentioned date and they file a case/legal suite, as per the law will I be found guilty? Since I've not done anything to get that money, it was an error on their part, completely, and I do not have any relation with them now. Please guide.
Though you can take a stand that it was their fault to pay the salary amount which was not due to you, it also becomes your duty to refund the same sooner you have been notified about it.
T Kalaiselvan
Advocate, Vellore
16500 Answers
153 Consultations
5.0 on 5.0
You are liable to refund the amount which has been credited to your salary account erroneously by your previous employer. Failure to do so will make you liable to be prosecuted for breach of trust. This apart, it can also file a lawsuit against you to recover with interest and compensation the amount credited to you. Whether you will be found guilty or not is a hypothetical question which no trained legal mind can answer.
Ashish Davessar
Advocate, Jaipur
19201 Answers
484 Consultations
5.0 on 5.0
Hi, if they filed a suit then you can contest the case, as filling a suit and contest the matter it will take more then two years.

2. If the court says that you are liable to pay then only you can pay the amount.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0

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