Am I responsible for an overpayment made by my employer?

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Am I responsible for an overpayment made by my employer?

I was offered a position within the city. They offered me the position within the department at $20.25 per hour (I have documentation). For 9 months I was paid at this pay rate. Then, I was informed that there was an error and that I should have been offered only $19.10 per hour. I received an invoice this month for $1,545 in retro pay. Is this legal? Do I have any rights to dispute this?

Asked on July 30, 2012 under Employment Labor Law, California

Answers:

Jerry Webb / The Webb Law Firm

Answered 8 years ago | Contributor

Probably. However, they can change thier minds at any time unless you have a written formal contract for a specific time period, such as a year. i would advise negotiating with them to keep the last month overage. apparently they have allowed you to keep the other disputed amounts. it would also demonstrate to them that you still wish to work for them at the lower rate, assuming you do. if you make to big of a fuss they may fire you and it would most likely be legal to do so. use your common sense with this one.


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