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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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