If my employer has notified me of wage overpayment and they came up with payback options, what are my legal rights and responsibilities in this matter?

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you were in fact overpaid, you have to return the money: an error or mistake does not entitle you to keep money you did not earn (i.e. a wage/salary overpayment), the same way that if you meant to hand a plumber, say, a $100 and $10 bill for a $110 job/invoice, but later discovered you'd accidentally given them two $100 bills ($200 total), they'd have to return the extra $90 to you.
If you don't agree to their repayment plan, they could sue you for the money; they could also terminate your employment.

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