Legal Question in Employment Law in California

Signed offer letter for higher salary/position, but never transferred

I'm a resident of California and applied for a transfer/job promotion to a new position within the company. Immediately after I accepted and signed the job offer, I found that there was a ''transfer'' freeze and I was unable to transfer to the new job until 2 months later. As compensation for delayed transfer, my current manager, through his boss, told me that perhaps it could be worked out that I could be paid the higher salary until I was free to go to the new job. I was paid the higher salary and was pleased with that. Subsequently, the company ran into financial difficulties, and my new job was in limbo, but I never received confirmation that the job was no longer available. After nearly 4 months I have now been told that human resources wants a repayment of the overpayment. Can the company legally ask for this? Thanks for any suggestions!


Asked on 2/25/01, 8:55 pm

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

Re: Signed offer letter for higher salary/position, but never transferred

The answer depends on whether the manager who put in the request for a pay increase had the authority to do, or at least had the apparent authority, upon which you relied. If the request was improper, or even an obvious mistake, the company probably can ask for reimbursement. Overpayments which were made in error must be paid back. Talk to your manager and try to find out what he/she did to get your pay increased.

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Answered on 4/20/01, 2:56 pm


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