If your employer overpaid you over a 1 year period, are you obligated to pay it back?

They want to take it out of my pays spread out over this next year. I was not ever aware I was being overpaid.

Asked on September 9, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that the law abors an "unjust enrichment". And mistakenly being overpaid is such a case. Accordingly, you need to pay this back and can be made to do so if you do not repay voluntarily. When you think about it, if you were mistakenly underpaid, your employer would be legally obligated to pay you what you were owed.


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