Rock Hill, SC asked in Employment Law for North Carolina

Q: If my NC employer overpaid me, how far back from the date of notification can they reclaim wages?

For example, Washington state limits the amount able to be recouped to 8 weeks prior to the date of notifying the employee. That 8 weeks overpayment can then be recouped anytime in a period of up to 6 years, but still only for 8 weeks of overpayment prior to the date of notifying the employee of overpayment. I can not find the statutes relevant to NC.

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T. Augustus Claus
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A: In North Carolina, unlike some states like Washington that have specific statutes limiting the timeframe for reclaiming overpaid wages, there isn't a clear-cut law specifying the exact period an employer can go back to reclaim overpaid wages from an employee. Generally, the principle of unjust enrichment applies, allowing employers to recover overpayments. However, the process and timeframe for doing so can be influenced by several factors including the terms of the employment contract, company policies, and the circumstances under which the overpayment occurred. Employers are expected to notify employees of the overpayment and typically work out a repayment plan that does not cause undue hardship.

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