Legal Question in Employment Law in California

Overpayment of Commision / Salary

All of my department was overpaid approx $3000- Several people brought it to our supervisors attention. It was then brought to Human Resources Attention, and they said it was the right amount of

commision. Being before Christmas, now 4 months later, we have been informed they will be deducting the amount from our next check...3 days away...the whole amount. Can they do this? Do I have any recourse?


Asked on 1/08/02, 8:46 pm

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

Re: Overpayment of Commision / Salary

If you were clearly overpaid, employers have the right to ask for the money back. However, they do not have the right to take it back out of your paycheck without your consent. To do so is a violation of the labor code and you can file a claim against the employer with the labor commissioner for any damages you suffer as a result. The best option is to work out a repayment schedule.

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Answered on 1/10/02, 12:08 pm


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