Can my wages be garnished if my employer overpaid me?

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Can my wages be garnished if my employer overpaid me?

The company that I work for overpaid me last year, now they want to garnish my wages to get the money back, can they do this?

Asked on September 21, 2010 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, yes--they can look to get the money back. If you were truly overpaid--i.e. paid more than you were entitled to--then you have to return it. You don't have a right to keep an overpayment, anymore  than your company would have a right to keep the savings if they accidently underpaid  you.

I don't believe they can simply garnish your wages, however, without either your agreement (such as in an employment agreement, or simply agreed to now) or a court order. Of course, if don't agree to let them garnish your wages, they may sue you or take other steps to recover the money, so you need to think about what's in your best interest.


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