Employer claims overpayment after I no longer work there for personal/sick leave

UPDATED: Sep 30, 2022

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Employer claims overpayment after I no longer work there for personal/sick leave

I put in for the time but didn’t put in for payment. The department secretary and supervisor must have. I was new to job and wasn’t aware of the overpayment because my pay stub would show zeros for days I was absent. I now have moved away and make significantly less money and couldn’t afford to pay it back regardless am I responsible for their mistake when I was unaware.

Asked on October 22, 2016 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, being unaware of a mistake does not mean you are not required to repay the mistake: the law is clear that a mistake or innocent error does not let you keep the overpayment or give you any rights to the money. So if they contact you for the money, you refuse to repay it, and they sue you, they will almost certanly win. Therefore, if they do seek repayment from you, you are probably best off trying to settle their claim with some payment plan that you can afford.

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.

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