If your employer overpaid you over a 1 year period, are you obligated to pay it back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If your employer overpaid you over a 1 year period, are you obligated to pay it back?
They want to take it out of my pays spread out over this next year. I was not ever aware I was being overpaid.
Asked on September 9, 2016 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that the law abors an "unjust enrichment". And mistakenly being overpaid is such a case. Accordingly, you need to pay this back and can be made to do so if you do not repay voluntarily. When you think about it, if you were mistakenly underpaid, your employer would be legally obligated to pay you what you were owed.
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.