Get Legal Help Today
Secured with SHA-256 Encryption
What are my obligations to pay back an overpayment?
Asked on March 7, 2016 under Employment Labor Law, Alaska
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You cannot benefit from a mistake like this. You are legally required to repay your employer for a such an overpayment. However, they canotn just deduct the amount owed from your paycheck, unless you have given some sort of prior written consent for them to do so e.g. (such as in a signed employee handbook when you started work, etc.). That having been said, if you don't pay it back you could lode your job and be sued in court. What you need to do now is to try once again to work out an acceptable repayment arrangement. If you approach your employer in good faith, you should be able to work something out.
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.