Legal Question in Employment Law in California

I just received a letter from a former employer that they overpaid me a commission and they want me to pay them back. They did not provide any detail on what it was for or why they feel I owe it to them. I have not worked for them in 22 months. Can they do that? What recourse do I have?


Asked on 4/27/12, 4:11 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Send a certified letter back to them saying you do not believe you have been overpaid, particularly because the company (presumably) included the commission as reported wages on your W-2 statement to the government, which you have paid taxes on. Demand that they provide proof or you have nothing further to talk about.

However, just so you know, if they are correct and you were paid money you did not, in fact earn, they have the legal right to pursue an action for the money, if they are inclined to do so. This is true even if it was their mistake. If it comes to that, you will have to decide if the amount of money is worth fighting over. But if the money was included on your W-2, I would insist they file an amended return reflecting the reduction in earnings. This may be enough to dissuade them.

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Answered on 4/28/12, 1:56 pm


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