Legal Question in Employment Law in California
Can an employer force payment from an employee for negative PTO when leaving the company? Can the employer send the employee to collections if the employee does not agree to pay? The state is California.
Asked on 6/16/15, 8:30 pm
1 Answer from Attorneys
Charles Perry
Law Offices of Charles R. Perry
An employer has the right to collect any overpayment made to an employee. The overpayment is a debt, like any other debt. The employer cannot withhold the amount of overpayment from the employee's check without the employee's consent, but it can sue in small claims court for the overpayment and send the debt to collections.
Answered on 6/17/15, 7:15 am
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