Legal Question in Employment Law in Alabama
over paid on final check
I left a company and on my final pay check they say they over paid me by mistake for one week and are threatening legal action if I don't send them a check. What can they do?
1 Answer from Attorneys
Re: over paid on final check
Depends. Did they in fact over pay you? Money paid by mistake can be a valid cause of action in Alabama. But it is rare.
Did they pay you for everything they owed you when you left? At your regular hourly rate?
How much extra did they pay you if they did over pay you? If it is a few hundred dollars, I doubt they'd take legal action even though they could. One thing that they cannot do is file criminal charges against you. They can only sue you in civil court for the recovery. They could get their court costs in addition.
Typically, I see a lot of companies think that they don't have to pay a person for his last paycheck. That is a violation of the minimum wage law. If that's what happened to you, send me a not immediately - I'd be happy to take them to the cleaners.
Sterling L. DeRamus
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