Am I required by law to repay vacation overpayment?

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Am I required by law to repay vacation overpayment?

I quit a job due to moving to another state. I left on Sept. 22, 2016. I had no vacation time left when I departed. Some vacation overuse was taken out of my final check, then I received a letter stating that I’ve been overpaid for vacation and that I must pay back about $800 for the remaining overpaid vacation. Am I required by law to pay this back and, if so, would the 8 years with the company give me leverage to have the overpayment reduced or waived?

Asked on November 21, 2016 under Employment Labor Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

If you keep this money you will be what the law calls "unjustly enriched". In other words you did nothing to earn this money, therefore it would inequitable to let you keep it. Accordingly, you must repay this time. Think about it, if you had been shorted by your employer, you would be entitled to have them make up the shortage. Absent an employment contract or union agreemnt to the contrary, your length of time with the company will not result in a waiver of your obligation to pay back this overpayment.


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