Legal Question in Employment Law in New York

Overpayment of Wages after leaving company

i gave my employer 1 month's notice that i was leaving. my immeadiate supervisor did not inform h.r of my resignation until one week after i had left. payroll issued me a check. am i obilgated to repay this money. i left in 2004. in 2005 i thought this matter was resolved, now they are trying to make me repay, by using a collection agency. if i choose not to repay the money what legal action can they take and will this effect my credit rating.


Asked on 12/06/06, 8:29 am

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Overpayment of Wages after leaving company

If the pay was a part of severence or in excahnge for wages earned you do not need to return it, if it was extra money to which you were not entitled you are obligated to return the funds.

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Answered on 12/06/06, 10:53 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Overpayment of Wages after leaving company

Sooner or later it will catch up with you, whether through unemployment or a judgment. Try to resolve it for a percentage.

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Answered on 12/06/06, 12:44 pm


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