Can my wages be garnished if my employer overpaid me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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.