Legal Question in Business Law in Pennsylvania

getting overpaid

I was overpaid in 1999 and the school district want's the money back. I did not make the mistake. Do I have to give them back the money?


Asked on 11/20/08, 12:22 pm

2 Answers from Attorneys

Re: getting overpaid

Duh - yes. You should be able to work out a reasonable repayment plan though.

Read more
Answered on 11/20/08, 1:24 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: getting overpaid

You asked about being overpaid by your employer in the last century.

I disagree with my colleague. There are two arguments, neither of which will actually sway your employer. They or you will sue over the matter (depending on the size of the overpayment) and you have a very good chance of prevailing.

Their claim is that you were unjustly enriched. Depending on the size of each overpayment they may be able to demonstrate that you should have realized the overpayment. But so should they have. If you told them at the time and they did not correct the matter you are probably off the hook.

The primary defense would be latches, the employer has waited too long to press its claim now. Generally they would have had to bring a claim in a reasonable and statutorily defined time. The employer will attempt to make this a performance issue, and it may or may not have a case.

You need to speak with a lawyer about this matter sooner rather than later.

Regards,

Roger

Read more
Answered on 11/21/08, 11:34 pm


Related Questions & Answers

More Business Law questions and answers in Pennsylvania