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| *Ostroff, Fair and Company>>>Law & Legal |
If an employer overpaid you, can they make you pay them back? |
Lets say you are an hourly employee, and you take a week of unpaid vacation off of work. Two weeks later, you get a paycheck denoting pay for the week of vacation that you took. You think that perhaps you did in fact have paid vacation, so you go ahead and cash the check, and spend the funds. The amount of pay for that week was approximately $500. About a month and a half later, and after quiting the job, you receive a letter saying that you were paid in error by no fault of your own, and that the ex-employer is requesting installment payments of the amount overpayed. Can the ex-employer require you to pay back the wages that they paid you? Note: there was no foul pay on your behalf i.e. you did not fradulently report time or misrepresent your vacation status. Management was fully aware that you were taking time off work. All actions by yourself were made in full faith. This has happened to me. I was sent a letter stating they had over paid me. I began paying it back in payments. They were willing to work with me in repaying the total amount over the course of 4 months. I spoke to someone about it and I do believe that if you were not to repay the could take you to court and then you would be made to pay all court and lawyer fees too. Source(s): happend to me I believe you have to pay it back. You should not benefit financially from a mistake. It is the ethical thing to do, also. in a word.....yes Yes they can, just like if they overpaid you during the week. If you knew you did not have it coming to you you should of contacted them, they are being nice asking for installments instead of the whole thing at once. YES!!!!!!! Normally they would deduct it from future checks , But since you have left it is a bit trickier . Your state labor board probably knows the answer for your state laws . Contact them . > |
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