Can an employer make you repay wages that were paid in error?

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Can an employer make you repay wages that were paid in error?

My employer made multiple mistakes over multiple months (latest was November 2008). They notified me via email that I was over paid (in March 2009) and are requiring me to pay back the amount in error.They are withholding the majority of my paycheck (hard to live on) until the amount is paid back. They are stating it is a “loan” but I have never signed any formal loan paperwork. Can they do this?

Asked on May 12, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Can your employer make you give back money you didn't earn?  I think so.

If you want a fully researched opinion that you can be certain of, you should see a local attorney.  One place you can look for a lawyer is our website, http://attorneypages.com


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