Legal Question in Employment Law in New Jersey
my employer made an error on my paycheck and over paid me. I cashed the check. a month later the error was found now they want the money back. i dont have all of it. they fired me and are threating legal actions. i offered to repay a portion and make payment arrangements. i'm awaiting their answer. any advice?
1 Answer from Attorneys
Place your offer to repay them by making payments in writing and send it to them. You can also send them a check for your first payment and make sure you put in the "for" line that it is for partial repayment of overpayment of salary. If they cash the check, then a court could consider their cashing the check as their acceptance of your offer to pay them back over time. Also, make a claim for unemployment. It was not your fault that they overpaid you and when you found out, you offered to pay them back in installments. The above does not constitute legal advice as I do not have sufficient information to render legal advice. Nor has an attorney client relationship been established between us. For additional legal information, I suggest that you contact an employment law attorney who practices in your county.