Legal Question in Workers Comp in Kentucky

Billing concerns

I just found out that my employer has been paying me slightly more than I should be paid on every weekly check for nearly the past 6 months. She wants me to pay the money back. Am I obligated to do so?


Asked on 4/28/07, 6:17 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Billing concerns

There are arguments for both sides of this. On the employer's side, they could argue that you are only entitled to what was contracted and you should have known you were being overpaid.

On your side, you can argue that the employer had the responsibility to pay you correctly and it was their mistake. Since they continued to do this for 6 months, they waived any right to recovery.

Ultimately, it is a question of how much is involved, how much is your job worth to you in the long run, and how much bad faith will fighting this going to create. One possible solution, if the amount isn't too great, is to offer to reimburse half the amount.

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Answered on 4/28/07, 6:58 pm


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