Legal Question in Credit and Debt Law in Pennsylvania
Overpayment by an Employer
I notified my employer that they continued to payment after I had resigned. They informed me that the overpayment was made because I was still listed as an employee. By the conclusion of the conversation they started the process to terminate my employment. On a follow up conversation I was informed that they expected the money to be returned and that I must follow procedures that they outline regarding the repayment. The terms are not reasonable and the amount does not match the overpayment. What steps can I take to protect myself? What can my employer do to force me to repay?
1 Answer from Attorneys
Re: Overpayment by an Employer
Why did you cash the check if it was not due? Or, was part of it due and they paid too much?
You should talk with an attorney as soon as possible, and have that attorney speak with the employer to straighten out the amount you owe, and to work out terms for repayment.
However, given that you knew you were not due the money, the employer could expect that it be paid back fairly promptly.
Certainly your employer can sue you for the amount that you owe, plus interest and costs of collection, but that can be avoided by negotiating a settlement.
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