Orlando, FL asked in Employment Law for Florida

Q: A few agents at my job were overpaid in which the amount showed as a 401K adjustment and not as gross income

Our 401 k was never affected. We were asked to pay it back stating that due to a misunderstanding related to 401k plan eligibility we were issued in error a payment. An inadvertent wage advance. My question is do we have to pay this back and what can they do legally if we do not pay it back? Thank you

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: if they are correct and you were paid more than contractually required, they can probably withhold it from your pay.

Linda Simmons Campbell agrees with this answer

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