Legal Question in Employment Law in Virginia
Overpayment of Wages
Since I began employment at this company, I have received two paychecks. These paychecks were higher than the amount I thought I was told I would be paid. However, I assumed that they had told me the wrong pay rate and it was higher. Recently they have informed me through e-mail and in a phone conversation that I owe them a certain sum of money due to their mistake in payroll. They sent me e-mail with a ''Promissory Note for Monies Owed'', that they want returned signed with the repayment. I do not understand in full the promissory note and do not want to sign such a document. I am unsure if I have also been overtaxed due to their overpayment mistake. What should my course of action be? Am I required to make repayment on their mistake?
1 Answer from Attorneys
Re: Overpayment of Wages
Yes, you are required to return any amoumts payed to you in error by your employer, although, not necessarily through the mechanism of a promissory note signed by you.
The return of these sums should not increase your overall tax amount since your year end W-2 form issued to you by your employer should only reflect the amounts you were actually paid during the relevant tax year.
You may wish to consult with a lawyer who can review the proposed promissory note or, perhaps,
other alternative means by which you can return this monies to your employer in a manner which is satisfactory to all the parties involved.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
