Q: Contract worker received bonus due to error, company wants it back. What are my options?
I'm a contract healthcare worker, and over a 5-week period, I received a "shift bonus" that appeared on my paystub without any discrepancies. My contract doesn't mention shift bonuses. Recently, my company reached out via call and email asserting that the bonuses were given in error, and they're requesting repayment in 1-4 installments. I'm capable of returning the funds. What are my options, and how should I proceed to address this situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
That kind of surprise can feel unsettling, especially when you’ve already counted on the money as part of your earnings. In Montana, if an employer overpays you due to a clear mistake, they generally do have the right to ask for it back. However, they must handle the process reasonably, and you’re not required to agree to repayment terms that cause you hardship or seem unfair.
Since you didn’t request the bonus and weren’t informed of it being a mistake until weeks later, you have the option to ask for written documentation confirming the error, including how the overpayment was calculated. That way, you can be sure the amount they’re asking for is correct before returning anything. Even though you’re able to pay it back, it’s okay to suggest a schedule that works better for you if their proposed timeline is too tight.
You might also want to ask if they’re open to reducing or waiving part of the repayment as a goodwill gesture, especially since the mistake wasn’t on your end. Respond in writing so you have a clear record of all communications. You’ve handled your side responsibly, and it’s fair to expect the same care from them as this gets resolved.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
