Is Dairy Queen allowed to away my paycheck if they over pay me?

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Is Dairy Queen allowed to away my paycheck if they over pay me?

They had over payed me apperantly twice.
Grand total around 1,800 dollars. They
confronted me about it later and and decided to
take it out of my paycheck but they didnt get a
written contract I have signed nothing and now
have no paycheck for Christmas. I am payed bi
monthly.

Asked on December 8, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming that they are correct and they did accidently overpay you, you do have to repay the money: the law is very clear that an accidental overpayment does not let you keep money.
However, they could not take your paycheck without your agreement or consent: the law is also very clear that employee pay may only be withheld or taken if the employee agrees to it or if there is a court (or IRS) order for wage garnishment. So you could bring a complaint to the Dept. of Labor or sue for the money.
Before doing that, however, think about whether you should:
1) If the check they took is more or less equal to the overpayment, you haven't actually lost anything--is it worth taking legal action against your employer, a drastic step, when you actually have the correct amount of money at the end of the day?
2) Even if they had to give you the paycheck back, they could still then sue you for the money and end up getting it--you could go to a lot of trouble and effort to come out to the same place.


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