What are my rights regarding the repayment of a wage overpayment?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights regarding the repayment of a wage overpayment?

My employer overpaid its employees due
to an error. They are trying to make us
sign a form online allowing them to
garnish our wages for 12 weeks. I want
the repayment to be in one lump sum, and
any documents I sign to be paper. Do I
have a legal right to demand those two
things?

Asked on January 25, 2019 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Wages being mistakenly ovepaid are subject to recoupment by the payor/employer. This means that your employer has a right to get any money paid in error back. Otherwise, the payee/employee would be "unjustly enriched", something which the law disfavors. And when you think about it, it makes sense becasue had you been accidentally underpaid, you would be entitled to the difference of what you were paid and the amount that you actually received. If not, then your employer would be unjustly enriched.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption