Legal Question in Employment Law in New York
Can my previous employer collect alleged overpayment?
I was previously employed by a public school system. I worked from Dec 14 2004-May 22 2005. My salary was $30,000/yr which apparently was paid per diem @ 115.38. Their records indicate I worked 114 days and recieved 4 vacation days (of which I only used 1), earning $13,615.38. Their payroll records indicate I was paid 14,142.85, an overpayment of $527.46. They subtracted $15.82 payment to the employee retirement and $40.35 FICA tax contribution, resulting in a net overpayment of $471.29.
I dont understand how I was overpaid, when I received the same amount of money in my paycheck every week.
They are trying to collect this from me, but I obviously dont want to repay it, 9 months later. Can they collect this from me? Do I have to pay it back? They said if I dont pay it, they will send me to collections. Can I be sent to collections for something like this? They also said they wanted something in writing from me, if I dont agree with their calculations. Should I submit a statement to them? Just wondering what my best course of action should be.
1 Answer from Attorneys
Re: Can my previous employer collect alleged overpayment?
I don't know if you were overpaid or not, but if they are seeking collection from you, they are obligated to prove the overpayment. You have a right to the documentation and to inspect their reasoning. If in fact, you were overpaid, you are obligated to return the overpayment.
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