Legal Question in Employment Law in Utah

I received a call from the temporary agency who I am currently contracted through that they have been overpaying me for the last six months. They are requesting that I repay it immediately. However there are a lot of things that factor in to this. First I did not apply through the temp. agency I was hired on directly from the company since I had worked there previously. The only reason I am contracted through the temp. agency is because they did not have the budget to hire me on. Second before I started working I was contacted by a representative from the temp. agency (that I had worked with previously) if I would like a pay raise (of course! Who wouldn't?!) So he said he would see what he could do. Nothing more was said, I started working and noticed the pay raise. I was thrilled that they had given me this. Third the company I am working for and the temp. agency are well aware of the budget that has been set for this position. I have personally seen my manger pay the temp. agency and she never said that there was a problem. I have lived my life according to this budget. I am barely making ends meet as it is and now they want me to repay this supposed overpaid amount, which is a decent amount of money, that I am not even close to being able to repay. Can they do this?


Asked on 2/17/12, 9:05 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Based on the facts you do not have an agreement with the Temp agency, and therefor are not liable to pay them back. However if the company believes that you are being over paid, you will need to visit with the company representative to resolve the request.

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Answered on 2/20/12, 1:08 pm


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