Legal Question in Employment Law in California

Statute of Limitaions on payroll overpayment without proof

To whom it may concern:

I recently received a letter from an employer stating that I owed the money due to overpayment of wages. I received this letter 1/14/04. My employment ended 12/00. I have requested documentation and still have not received any, yet I received another bill with a letter saying that they had not had me signed the proper release papers upon the end of my employment and that I still owed them for overpayemnt. What does this mean? What are my rights?

Thank you,

--name removed---name removed--


Asked on 1/16/04, 3:17 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: Statute of Limitaions on payroll overpayment without proof

Generally the statute of limitations for a claim by an employer for an overpayment of wages would be 2 years. There may be some circumstances where a 3 or 4 year SOL may apply depending on the facts. At this point, do not sign anything without advice of counsel as you may sign away some of your rights. If you require further advice, feel free to contact me.

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Answered on 1/20/04, 1:39 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Statute of Limitaions on payroll overpayment without proof

If there is overpayment, they must show you where it is. May want to hire an attorney, depending of course, on amount in controversy.

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Answered on 1/20/04, 1:56 pm


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