If my last employer claims I was overpaid on my last paycheck and I disagree, what can I do?
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If my last employer claims I was overpaid on my last paycheck and I disagree, what can I do?
I quit due to a hostile work environment and have documentation of several incidents. I am told that I was overpaid and not given email documentation which is what I had asked for but instead I was given a report they pulled for the on-line time keeping system. I do not trust that because it took 2 months to get it and it can be changed as I have seen it done. I am now in collections which is affecting my credit. I would also like to note that my ex boss was also in a scandal with his last admin and almost lost his job over it.
Asked on February 10, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You have two different options:
1) Even if you are in collections, you cannot be forced to pay unless and until you are sued and they win, getting a judgment against you. If you believe you have evidence you were not overpaid, you can wait until you are sued (if you are sued), then present your evidence to defend the suit.
2) Alteranately, you could file a legal action yourself, seeking a declaratory judgment from the court that you were not overpaid and an injunction preventing collections action from being taken from you; also requiring that the fact that you do not owe money be reported to the credit rating agencies. You may also be able to get some monetary compensation, such as for any additional costs you have incurred due to incorrect reporting of your credit.
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