Legal Question in Credit and Debt Law in California

Employment-Company overpaid-now withholding

I have worked at a company for four years. Last year they notified me that they made an ''error,'' with my expenses reimbursement and overpaid me over a period of 2 years in the amount of $10,000. Average expenses per month are $4000.They said they ''...did not know'' there was central billing on airline and rail expenses through the issued credit card company.

I meticulously followed company policy and procedure and submitted weekly reports with original receipts, sometimes including the credit card statements as receipts. Three superior level management and accounting persons approved my expenses each time they were submitted.

I consented to payback out of my checks for a small amount (to keep my job), about one year ago. Now I am leaving and they are sending an invoice for the balance (around $9500). I am starting law school full time and I will have no income. Am I responsible for this error? Can they hold me to this claim, even though it was an internal error? Their response: I should have noticed overpayment. However, many times I paid over the phone or online and did not even look at statements (my error I am aware). There is no company policy regarding a separate account or how to manage the company issued card. Help


Asked on 8/09/04, 3:26 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Employment-Company overpaid-now withholding

Contact the California Department of Labor Standards Enforcement (Office of the Labor Commissioner) which can be accessed from www.ca.gov .

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Answered on 8/09/04, 10:27 pm


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