Can an employer still come after me for a salary advance a year I was terminated?

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Can an employer still come after me for a salary advance a year I was terminated?

I was fired with an outstanding salary advance. I have just received a letter stating that I didn’t pay back the salary advance. However, my ex-employer kept my last paycheck and also denied my unemployment last year. Now they are threatening legal action.

Asked on August 19, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you were advanced salary that you did not repay or earn out, they can "come after" you--that is, they can sue you, to recover any amounts you still owe; when you owe someone money, they may sue you. If you truly do owe them money and they can prove this, assume that they will win. (They will have to credit you any amounts already recovered from you, such as from your paycheck--technically, they should not have withheld it, but at this point, if you owe them more than the check was for, there is nothing you can effectively do about that.) Therefore, you may wish to strongly consider trying to settle this on some basis (e.g. for part payment; or for payment over time) you can live with.


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