If my part-time job over paid me on my paycheck, can they seek criminal actions against me if I don’t pay them back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my part-time job over paid me on my paycheck, can they seek criminal actions against me if I don’t pay them back?
I’m a certified nursing assistant and I work as an independent contractor.
Asked on November 23, 2016 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since you did nothing yourself to obtain this overpayment (e.g. change your timesheet), then this is an error solely on your employer's part. Accordingly, this would be a civil, not criminal, matter. That having been said, your employer could sue you in court for repayment of the overage. If successful, it will obtian a jufgment gainst you, which could affect your credit report and/or result in a garnishment of your bank account or wages (no matter who you are working for at that time). The fact is that you did nothing to earn this money. And think about it, if your employer mistakenly underpaid you, legally it would be obligated to pay you the shortage.
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 AttorneyPages.com 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.