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?

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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 4 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.


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