Legal Question in Employment Law in Virginia
Employer Overpayment
I took a job based on things the employee promised. I worked there and found out that they had lied and the things they promised were not going to happen. I called in sick thursday and told the director that i was giving my 2 week notice becasue she had lied and she asked me to come back in monday and work my two week notice. When monday came she had replaced me. When i recieved my check (i was salaried for pay once a month) it was for 3 weeks not just one and i got a letter saying they want all the money back accept the three days. Do i have to repay this money since since she agreed to me working the two weeks? I have a message saved from her that it was her error i got paid not payrol, should she be half liable.. also they didnt pay my fees for medical that they agreed to and they took taxes out of my check when i filed exempt what are my options to fight back.
1 Answer from Attorneys
Re: Employer Overpayment
You could refuse to repay what apparently was erroneously paid to you by your former employer
until such time as you're sued and a judgment by a court of proper jurisdiction is entered against you. However, given the fact that undoubtedly the sums of money involved are probably quite small, it would probably cost the company more to pursue
this matter through court action that what they would be likely to recover and, therefore, they are most likely to elect to write off these amounts which were paid to you in error simply as a business loss.
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