Is there a time frame that a previous employer has to claim overpayment of wages?

UPDATED: Oct 1, 2022

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Is there a time frame that a previous employer has to claim overpayment of wages?

I recently changed jobs, and my previous employer deposited an extra paycheck into my checking account for a pay period I was no longer working there. I notified them of the error as soon as I found it. They said they think it was an error with their system and need to investigate. Is there a specific time frame that they have to investigate this and request the money, or can they request it at any time down the road?

Asked on December 13, 2018 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is a time frame--it is based on the statute of limitations, or time within which to take legal action, for something arising out of a contract (the agreement between you and your employer, whether written or oral/unwritten, about your job and your pay), which in your state (MO) is five years. So you employer has up to 5 years to demand the money back, and sue you for it if you don't repay.

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