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

UPDATED: Oct 1, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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 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.

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