Is it legit for a former employer to request me to payif they claimed they overpaid me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legit for a former employer to request me to payif they claimed they overpaid me?
I got a letter in the mail from my former company’s audit company stating that they overpaid me in comprehensive leave (i.e. vacation days) and that I owe them a large sum of money. They sent this to me requiring payment by the end of next week or the amount increases due to taxes withheld. They required payment immediately (within 5 days of the letter). What are my rights and do I owe this money?
Asked on December 23, 2011 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you were truly overpaid--i.e. received money which you had not earned or were not legally entitled to--then you have to repay it; the fact that they committed an error does not entitle you to keep the money, any more than if they accidentally underpaid you, they would be allowed to not make good the shortfall.
If you do not repay any overpayment, you could be sued.
If you were not overpaid, you don't have to return it--so if you were entitled to this, it's your money, though if they try to sue you, you have to be prepared to defend your right to it in court.
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.