Can a employer who supposedly overpaid me from a retirement fund, request the money back?

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Can a employer who supposedly overpaid me from a retirement fund, request the money back?

How do I know that this is not a mistake?  I have not work there in 2 years.

Asked on November 27, 2010 under Employment Labor Law, Maryland

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It may very well be time barred in your state to request this money back. You should ask for an accounting and state it may be time barred and require them to a) prove you owe the money and b) they are not time barred from collecting it back. Time barred means either the statute of limitations has run out to sue you for the money and/or what is considered in common and sometimes statutory law a term called laches. Laches basically means the entity or person waited just too long to sue or seek legal redress. Both the time bar issue and the actual accounting must be resolved before you even consider the possibility of repayment.


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