What can be done about a payroll error in company regarding disability pay?

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What can be done about a payroll error in company regarding disability pay?

I was on company paid disability for 6 months then on long term disability for another 12 months before being terminated due to disability by my employer. Now that I have asked for my vacation time pay I am being told that payroll overpaid my disability by 560 hours and that I must wait for my vacation pay. I do not believe that I was overpaid at all and now I don’t know what to do. If they demand that I pay them back my only income is social security disability. Can they make me pay them back? Should I file with wage and hour for my vacation pay?

Asked on September 22, 2010 under Employment Labor Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

You need to get help from an expert in the filed in your area to determine if in fact an overpayment was made and then what the law states as to the outcome.  Certain types of over payments must be repaid (unemployment is definitelyone) and your rights and liabilities have to be made known to you.  There may not have been an overpayment as you say so I would not panic as of yet.  As for you right to you vacation pay, the company is waiting to see the determination before using it to off-set their liability.  These types of pays, however, may or may not be intertwined but I would go for requesting it now.  Just hold on to it should you be found to have to repay.  And given your limited income you may have a right to reduction if the error was theirs.  Also, speak with the attorney about the "terminated due to disability" statement. Just to be sure it was legal.  Good luck.


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