Chicago, IL asked in Employment Law for Illinois

Q: My company has overpaid me and others. This over payment went on for at least six months. Do we have to pay that back?

The overpayments ranged from 3,000 to 18,000 dollars, the error was on the fault of the HR department and the company not having an updated budget report.

Related Topics:
1 Lawyer Answer
Cynthia Pietrucha
Cynthia Pietrucha pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naperville, IL
  • Licensed in Illinois

A: This situation should be governed by the Illinois Wage Payment and Collection Act.

"When an employee agrees an overpayment has been made the entire sum may be deducted on the employee's first regular payday subsequent to the payday on which the overpayment occurred. If an overpayment is not discovered and one or more paydays have passed, the employer and employee shall agree on a repayment schedule. If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act." - Illinois Department of Labor FAQ on Deduction From Pay

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.