Legal Question in Business Law in California

How long do I have to pay back an employer who overpaid me?

I have run into a problem similar to ''Previous Employer Overpaid Me in Georgia!!!'' I also have been overpaid by my previous employer, but in CA. My employer forgot to take me off the payroll when I quit to attend law school. My problem is that the pay I received looked ligit; it showed volunteer hours I worked (which were actually from the previous pay period) and and a quarterly incentive I earned. I honestly thought I had earned the money for that pay period and I paid my law school tuition and took out loans based on the money I had. Now they say that I have been overpaid by ~$2,000. I want to pay them back, but I cannot manage on my current student budget. I have no income as I am not allowed to work my first year of law school nor do I have the time. Can I prolong paying them until next semester when I can take out new student loans? How should I resolve this?


Asked on 9/15/07, 2:19 am

2 Answers from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: How long do I have to pay back an employer who overpaid me?

Since you don't appear to have a leg to stand on legally, you might try explaining the situation to them and seeing if they will work with you. If you just ignore it, they will likely assume you intend to stiff them, and act accordingly. If I was repping the other side I'd say who can't get a $2000 cash advance on their credit card and make payment? Otherwise, I'd have you sign a promissory note, with interest, until you paid the amount back.

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Answered on 9/15/07, 10:34 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: How long do I have to pay back an employer who overpaid me?

What the heck kind of future lawyer are you? Go to the library and brainstorm some legal defense, or better, find a basis for a $3000 counterclaim, write them a demand letter for $1000, and later graciously settle for a mutual release of all claims.

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Answered on 9/15/07, 2:47 am


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