If my employer accidentally overpaid me, can it withhold my final paycheck as repayment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my employer accidentally overpaid me, can it withhold my final paycheck as repayment?
I took a 2 month, unpaid leave, from my job While away, my employer paid me for 2 weeks even though they weren’t supposed to. When I returned, I worked for 2 weeks, then handed in my 2 weeks notice. Without telling me, they decided to withhold my final paycheck as repayment for the money they paid me when I was away. Can they legally do that? And was it legal for them to do it without telling me they were going to do it? I only found out when I called to ask why I didn’t receive my final check.
Asked on September 12, 2015 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
An employer may not make a deduction or withold a paycheck, whether or not it is for the repayment of an employee loan, without the employee's express consent i.e. in writing. The fact is that if you owe the money, your employer has a right to be paid back but the correct action to take is to sue in small claims court if they demand repayment and you do not make it.
At this point, you can file a complaint with your state department of labor and/or consult directly with an employment law attorney in your area.
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.