Legal Question in Employment Law in California

Due to a payroll Error from my eployeer I recived over payment now they want to cut my checks or have my concent and singnature on a contract they created to grant access to withdraw to pay back for the error extra amount given to me the contact does not state the amount they will decuct/withdraw but looks like they wanna cut all of my checks for 5 months stragiht till it adds up on what was giving extra to me but one thing is they did not mention how much they will deduct from my paychecks or how they came up on that total amount error I need to pay back. I've been feeling bullied and harrased and stressed I do understand it was a error im willing to pay it back but I cannot have all my checks for 5 months straight to be taken away as I have bills, Rent , car payment, medical bills, and other pending bills. Hope to hear from you soon. Please have in mind the corporation is in Newark, New Jersey but I work for a Los Angeles Office.


Asked on 9/28/15, 10:29 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

In California, it is illegal for an employer to make unauthorized deductions from your paycheck, so the employer may not help itself to reclaim the money it overpaid you. But you need to figure out how much you were overpaid and work out a payment plan with the company. Tell your employer you are willing to work out a payment plan with it but first, they need to let you know how much you owe. You should also go through all of your pay stubs which break down your wage rate, the hours you were paid for and the deductions. This could have been avoided if you had paid attention to your pay stubs and noticed you were being paid too much. Once you determine how much is owed, offer to pay the money back on terms you can live with. Negotiate the best deal you can. Good luck.

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Answered on 9/28/15, 10:53 am


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