How do I recover money my employer erroneously had withheld from my paycheck?

UPDATED: Jan 4, 2019

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How do I recover money my employer erroneously had withheld from my paycheck?

I live in TX and have a withholding from MA. The amount is for $140 per week. They double and triple the deductions on each paycheck so that over $1000 was withheld just in the last month alone. The payroll department will not return my calls. As a result I do not have this month’s rent and 2 of my paychecks takehome was 0. What are my options?

Asked on January 4, 2019 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they overwithheld from you, you could sue your employer for the money you should have received but did not. Because this is not a violation of the labor laws, but is rather an issue arising out of your own personal situation, the department of labor cannot help you--you'd have to sue for the money. The good news is, if you sue, you should win: there is no defense to not paying you the correct amount.

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