If my last employer claims I was overpaid on my last paycheck and I disagree, what can I do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my last employer claims I was overpaid on my last paycheck and I disagree, what can I do?

I quit due to a hostile work environment and have documentation of several incidents. I am told that I was overpaid and not given email documentation which is what I had asked for but instead I was given a report they pulled for the on-line time keeping system. I do not trust that because it took 2 months to get it and it can be changed as I have seen it done. I am now in collections which is affecting my credit. I would also like to note that my ex boss was also in a scandal with his last admin and almost lost his job over it.

Asked on February 10, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have two different options:

1) Even if you are in collections, you cannot be forced to pay unless and until you are sued and they win, getting a judgment against you. If you believe you have evidence you were not overpaid, you can wait until you are sued (if you are sued), then present your evidence to defend the suit.

2) Alteranately, you could file a legal action yourself, seeking a declaratory judgment from the court that you were not overpaid and an injunction preventing collections action from being taken from you; also requiring that the fact that you do not owe money be reported to the credit rating agencies. You may also be able to get some monetary compensation, such as for any additional costs you have incurred due to incorrect reporting of your credit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption