Legal Question in Employment Law in New York

Employee overpayment recourses

What legal obligations does an employee who has been unwittingly overpaid have in NYS when the company seeks reimbursment from the employee. The matter in question is an computerized accountancy glitch that left the employee (me) overpaid for 5 mo. (Unwittingly) They now seek to redeem their mistake by not only returning me to my original pay scale but also to dock my pay for what they're mistake cost them.


Asked on 11/15/00, 1:17 pm

1 Answer from Attorneys
David Wright Law Offices of David Wright

Re: Employee overpayment recourses

I think they would have a claim against you if the overpayment is real clear, but I doubt they can "dock" your pay. NY law generally prohibits deductions from wages for employer's alleged claims against an employee.

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Answered on 11/23/00, 8:44 am


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