What to do if was told that I was over paid and my boss told me today that the company is planning on taking the over payment back this week?

I searched the internet and employment law says they can’t take it from my pay; they have to ask me to repay it. Is this true and, if so, if they take the money from my check do I have any legal recourse?

Asked on December 7, 2015 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You are correct in that they cannot take the amount you owe them out of your check(s), and if they do, you can sue them (e.g. in small claims court) for the money. However, they *can*--
1) Sue you for the money, such as in small claims court--you have no right to an overpayment, and if they sue you and you were overpaid, they would a lawsuit.
2) Fire you (unless you have a written contract whose terms prevent this).
You may wish to let them take back the money rather than run the risk of 1) or 2).

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