If I was unknowingly overpaid by my employer, can they take the money back? If so, can it be returned in installments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was unknowingly overpaid by my employer, can they take the money back? If so, can it be returned in installments?
My company just switched over the payroll system. There have been a few hiccups
along the way, and after I was paid I was told that they had me at the wrong
payrate. I did not know my payrate was incorrect before the check was deposited
into my account. Now they want the over payment to be returned. If it lawfully
has to be returned, am I able to request to do this in installments? It would be
hard for me to return this in a large lump sum.
Asked on July 12, 2016 under Employment Labor Law, Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employee is legally liable to repay an accidental overpayment madeiby thier employer. The fact is that they did not earn the money so the law will not allow then to enjoy an "unjust enrichment". Think about it, if you were accidentally underrpaid, your employer would be responsible to make up the short fall. As for paying in installments, that will have to be something for you an your employer to work out.
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.