Legal Question in Employment Law in New York

overpaid for 3 and 1/2 years, bill for 22,000

apparently, my empoyer has beenoverpayingme for the past 3 and 1/2, i work for a bureaucratic organization. an error was made on the part of my employer, they put me on the wrong pay scale. i didn't realize that was getting overpaid, the difference in my actual pay and my overpayment each check was not that noticeable. so, now i received a bill from my employer. they want to put me on a wage garnishment plan that will go on until the year 2012. i frankly cannot afford this repayment and i was plannign to go back to school next year, they are essentially lockign my life down for the next 5 yrs. if i agree to repayment.

if i quit, am i obligated to repay the money? also, can i qualify for unemployment insurance under the excuse of constructive termination?

thanks,

susan


Asked on 2/12/07, 5:17 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: overpaid for 3 and 1/2 years, bill for 22,000

This question has a lot of implications,

depending on your situation. I don't think you should consent to this , and very possibly there are ways around it.

If you would like to discuss this further, you can email or telephone me, either for an appointment or to discuss it.

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Answered on 2/15/07, 3:25 pm


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