What are my rights if I received a statement from a former employer billing me for overpaid mileage?
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What are my rights if I received a statement from a former employer billing me for overpaid mileage?
I was not aware that I was overpaid mileage due to the fact that the mileage rate was never quoted to me verbally or in writing. About 2 years ago, per my request, my supervisor requested drive time on my behalf. The company refused but agreed via phone conversation to pay mileage. Mileage was received on my next check and all following checks as a total amount paid, but never a rate. In Approximately 6 months ago, it was brought to my attention by my supervisor that my employer discovered that the company they hired to handle payroll had made a mistake and overpaid mileage. I was told they would no longer pay me mileage due to it not being a part of my original offer letter. Do I owe this money?
Asked on October 1, 2015 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you were unaware of the overpayment and did not contribute to it--that is, you reported all you mileage correctly, and to the best of your knowledge, as determined by what was written on any check stubs or other documentation you received, you were paid correctly, then you would not have to return the money you are not liable for the company's internal mistake when you played no role in it and did not know you were being overpaid.
However, if when you received the checks, you became aware you were being overpaid e.g. you saw you were being paid more than you believed you should have been, then you'd have to repay the surplus. In this case, you are not blameless you had knowledge that you were not entitled to some of the money, but despite knowing that, kept the funds.
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