If i had an overpayment in wages, what are my rights?

UPDATED: Aug 6, 2012

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If i had an overpayment in wages, what are my rights?

My ex-employer says I owe them double of what I really do in overpayment of wages. My former manager put my last date in the wrong date and they are telling me to contact her to have it changed, with no luck I have not been able to get her to change. Do I pay the taxes they paid on my salary. for instance if I was paid $2000 but got $1300 after taxes do I pay the $1300 or $2000. Would a lawyer help in getting them to correct the date in which I left since I have no luck getting in touch.

Asked on August 6, 2012 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) If you were overpaid by accident, you have to return the money--you have no right to it. If you do not return it voluntarily, you may be sued for it.

2) You have to return the full, gross amount--including taxes--not just your net paycheck. Remember: the money withheld for taxes for you will provide you a tax benefit at year end (just remember to account for it, and explain the situation to your tax preparer).

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