Legal Question in Employment Law in California

Employee Overpayment

I was overpayed by my employer for about $5600 because their payroll department made a mistake. I informed about the problem and they were unaware of the problem. Am I required to repay that amount considering they made a mistake? They want to make it as a loan and they are requiring that I sign a promisory note, but I have some concerns about the writing and their antagonizing tone.


Asked on 1/07/02, 5:34 pm

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

Re: Employee Overpayment

Yes, you are required to return the overpayment but no, you do not have to sign an agreement you are uncomfortable with. Either negotiate a more favorable repayment agreement or start paying them back at an amount you can afford, even without an agreement. They cannot arbitrarily deduct what you owe from your paycheck.

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Answered on 1/09/02, 12:34 pm


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