Brooklyn, NY asked in Contracts and Employment Law for New York

Q: I was on maternity leave (ending May) and left my job in Aug. In October they said my maternity was overpaid/want refund

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James L. Arrasmith
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Answered

A: If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment, they may have a right to recoup the funds, but the process and your rights can vary depending on the specifics of the situation. It's advisable to consult with an employment attorney to evaluate the claim's validity and to discuss the best course of action, which may include negotiation or dispute of the repayment terms. Legal counsel can also help ensure that any repayment is fair and that your rights are protected throughout the process.

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