Burbank, CA asked in Employment Law for California

Q: My employer, State of CA, overpaid me. Later they came back and asked me to repay the money. Do I have to repay?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Yes, if your employer overpaid you, you are generally required to repay the overpayment. This is because the overpayment was made in error, and you were not entitled to receive the extra money. Under California law, employers are generally allowed to recover overpayments from employees, even if the overpayment was due to an error on the part of the employer.

It's important to note that your employer is required to follow certain procedures when attempting to recover an overpayment. For example, they must provide you with notice of the overpayment and the amount owed, and give you an opportunity to dispute the overpayment or request a payment plan.

If you are unable to repay the overpayment in full, you may be able to work out a payment plan with your employer. However, it's important to make sure that any payment plan you agree to is reasonable and affordable for you.

If you refuse to repay the overpayment, your employer may take legal action against you to recover the money, which could include wage garnishment or other collection efforts. It's generally in your best interest to work with your employer to resolve the overpayment as quickly and efficiently as possible.

It's recommended that you consult with a labor law attorney or employee rights advocate if you have concerns about your employer's handling of the overpayment, or if you have questions about your legal rights and obligations in this situation.

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