What to do if was told that I was over paid and my boss told me today that the company is planning on taking the over payment back this week?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if was told that I was over paid and my boss told me today that the company is planning on taking the over payment back this week?
I searched the internet and employment law says they can’t take it from my pay; they have to ask me to repay it. Is this true and, if so, if they take the money from my check do I have any legal recourse?
Asked on December 7, 2015 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You are correct in that they cannot take the amount you owe them out of your check(s), and if they do, you can sue them (e.g. in small claims court) for the money. However, they *can*--
1) Sue you for the money, such as in small claims court--you have no right to an overpayment, and if they sue you and you were overpaid, they would a lawsuit.
2) Fire you (unless you have a written contract whose terms prevent this).
You may wish to let them take back the money rather than run the risk of 1) or 2).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.