I know companies have a right to get overpaid wages back but is there a deadline? I have contacted them 4 times and NOTHING.

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I know companies have a right to get overpaid wages back but is there a deadline? I have contacted them 4 times and NOTHING.

I was overpaid about $4,000. I let them know over 1 1/2 years ago that I was still an employee in their system. It took them another month before I was officially terminated. I called them multiple times to try to resolve this last year but no one returned my calls. I received a letter requesting the amount via bank check or money order but no clear direction on who to write the money out to. This was 3 months ago. I have called 3 more times this year to try to set up a plan and figure out the information and have not received a call back. I dont appreciate having the money over my head. This job was horrible to me and I just want this all to go away. Is there a point where they sacrifice the money due to lack of correspondence?

Asked on March 9, 2019 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This is treated as a contractual matter: you received more money than entitled to under the agrement or contract, whether written or unwritten/oral, pursuant to which you worked in exchange for a certain amount of pay (but no due to your own wrongdoing; hence it's not treated as embezzlement or theft).  The statute of limitations, or time to take action under a contract or recover money from a contractual relationship is three years in your state: hence, they can pursue this money from you, and potentially take legal action (sue) if not paid for up to three years.


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