Am I required to repay an employer who claims that I have been overpaid after being fired?

UPDATED: Sep 30, 2022

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Am I required to repay an employer who claims that I have been overpaid after being fired?

I was terminated from an employer after working with them over a year. Before I was terminated, I was placed on suspension for an unknown period of time. After about a week, I was contacted by the company since the person responsible for dealing with my situation was unavailable at the time of suspension. The advice given by this person was it would be best if I simply quit so that I would not have termination on my record, which I agreed to. I worked for about 4 days on the pay schedule before being terminated, so therefore got paid on the next pay day. I was then contacted by this employer some time later stating that they owed me money which they were unable to pay and wanted to know if I would accept a check instead of a direct deposit. I was unsure of what this payment was for but considering how I was terminated, waiting over a week to know of the conclusion of my suspension, I simply

figured that I was owed money that I was unaware of. A few days after receiving and depositing the check I was once again contacted by the company and told that I had already been paid fully and that it was simply an error by their computers that stated I still had money to receive. The odd request made by the company is not that I return the last payment of the check, but that I return the payment of less value, which would be the direct deposit received on the last pay day. Am I required to return this money?

Asked on October 7, 2016 under Employment Labor Law, Arkansas


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

Answered 6 years ago | Contributor

No, you are required to re-pay this money. As an employer (or former employee), your legal right is to be paid the agreed upon amount of compensaton for your work, no more and no less. Think about it, your employer would not be entitled to keep your money if they accidentally underpaid you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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