Legal Question in Employment Law in New York

I was terminated from my job in April(here in NYC) I then received my last paycheck one week then another for vacation hours accrued. Then they mistakenly payed me again on may 12 (which I had no knowledge). I of course continued to pay bill. I then received a overdraft letter from my bank(Which is in South Carolina). They had tried to withdraw money out of my account with out notice or my consent. I then contacted the payroll department (in California) and their corp headquarters(in California) they said that they would refuse to give me anything in writing stating the reason why they thought I was over payed. Instead they gave me an amount (and emailed to me) and said that I had two weeks to pay or they would take me to small claims court. Is any of this legal and should I just let them take me to small claims court to hash this out????


Asked on 5/20/10, 2:34 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Ask them for an accounting.

If they refuse, let them go to court.

However, if you owe them money because of overpayment, they are entitled to get it back.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 5/25/10, 11:57 am


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