What to do regarding al alleged overpayment?

UPDATED: Oct 1, 2022

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What to do regarding al alleged overpayment?

I worked for a local hospice as an RN case manager for approximately 11 months. When I was hired, I was told I would be making $32-$32.50/hr. No word about it being a salary position. Orientation was awful. For several months, I and most of the other nurses were overworked. Management was rarely available. I did not find out until a couple months before my termination, that I was supposed to right down on this graph, every visit made when on-call and what type of visit made. Trying to get caught up on charting was hard enough much less having to go back approximately 7 months at that time and write them all down. I was terminated before I had a chance. I just recently received a warrent in debt for approximately $350 for over payment. I’m not even sure when that occurred. I have attempted to call the company and left several messages. The first message, I told them to call me between a certain time, which was my lunch break. The woman called me 1 time an hour before the time I stated, therefore I could not answer the phone. I am in orientation at my new job so I cant just answer when they want to call. I did return the call several times but unable to talk to her. Just want to know what I should do. I have been out a work and just recently started my new job. I do not have money to repay them at this time, plus they owe me but I returned much of my papers with dates and such due to HIPAA..

Asked on December 10, 2017 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) IF you were truly overpaid, you have to repay it, and you'd have to repay it immediately or otherwise as you and they work it work or mutually agree. The law is clear that being accidently overpaid does not entitle you to keep the money.
2) They do have to substantiate or prove the debt to them: ask them to provide proof of the overpayment.
3) If they owe you money (such as for unpaid wages), you could sue them for that money, but would have to be able to specify exactly when and how much they failed to pay you and convince a court (such as with credible, detailed testimony) by a "preponderance of the evidence" (or that it is "more likely than not") that they owe you the funds.

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.

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