Can my job deduct money from my check for overpaying me which i had no knowlegde of.

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Can my job deduct money from my check for overpaying me which i had no knowlegde of.

On October 19th I was overpaid which I
had no knowledge of until today
December 27th. I went to work and was
handed a paper saying 619 will be
taken out my check tomorrow which only
about 700 to begin with.

Asked on December 27, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot take money from your paycheck without your consent or a court order (such as court-ordered wage garnishment). However, you do owe them the money: the law is clear that if you are overpaid by mistake, that mistake does not entitle you to keep the money, but rather, you must return it. Therefore, while the way they are recovering the money is wrong, they are definitely entitled to it. That means you best option may be to let them have it: for example, if you were to sue (e.g. in small claims court) for the money they took from your check, they could counterclaim for what you owe due to the overpayment, and you will net out the same place (they'd have to give you the $619, then you'd have to give it back to them). There is no way for you keep the $619; it's only a matter of who and when they get it back.


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