Can an overpayment of salary be claimed 8 years later?

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Can an overpayment of salary be claimed 8 years later?

I recently began working for a temp company that I haven’t worked for in 8 years. They are claiming that I was overpaid at the end of my last job through them back in 2002. Can they legally do this? It happened 8 years ago. They have provided me no proof, nor did they attempt to contact me about any overpayments ever from the time it apparently happened. So far I’ve had 2 paychecks garnished and I fear they will continue to do this and never provide any proof.

Asked on November 18, 2010 under Employment Labor Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Garnishment comes after the entry of a judgement against you, not on a claim that is 8 years old.   I think that your assessment of the situation is correct: unless you call them on it - and I mean really call them on it - they will continue their illegal garnishment.  I would call both the Department of Labor and the State Attorney General's Office as to this matter.  I would file whatever complaint that you can against them.  And then I might sue them in Small Claims court for the money.  But first see if either of those state agencies will help you with the matter first.  And look for other work.  Good luck. 


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