Legal Question in Employment Law in New Jersey

Over payment error made by company

My company just terminated my employment, sending me a letter of release with a 2 week severance pay. I responded that I would sign only if it was clarified that along with the 2 week severance, that I would be paid for my last week of work. The employer came back stating she did an investigation of my salary history and that I was overpaid 3 months ago, upon the beginning of my employment, by 3 weeks. They drafted a new release stating that they would repay the 3 week over payment from my final paycheck and severance.

No one informed me upon beginning employment that they're pay cycles were not current. I am unsure if they are correct in stating 3 week over payment, possibly 1 week from what I can see.

Because of their error, am I responsible for repaying this amount? Can they withhold or deduct this amount from my final paycheck and severance?

Thanks


Asked on 6/12/07, 2:31 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Over payment error made by company

Your first best approach is to call the NJ Department of Labor. They will require the employer to explain why you have not been fully paid. That will either get you what is due or give you enough evidence to make a claim.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/12/07, 9:10 pm


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