How to recoup a salary overpaymentto a terminated employee?

Recently we had a payroll communication error that resulted in a $1,000+ regular earnings paid to an employee. This payment was neither intended for the employee nor was it specified in writing. However, to complicate the issue further, the employee was terminated before the error was discovered. Now, the former employee is reluctant to cooperate with us to repay the amount. What are the laws regarding recovery of this overpayment? If we are allowed by law to recover this payment, what would be the best route to do it?

Asked on March 12, 2012 under Employment Labor Law, California

Answers:


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