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  • Idaho Overpay

    If during a term of employment, you are overpaid (double checks, salary pay, any sort of extra money,) may the employer require you to pay back said amount months down the road? I thought some sort of Overpay Request Form was required, stating that in the event of accidental overpayment, the employee would relinquish the funds back to the employer...
    Last edited by Joerick; 04-12-2008, 03:02 PM.

  • #2
    You would need to check your state laws for restrictions on the employer recouping overpayments.

    The way my state works it, the employer cannot reduce your net pay by more than 10% when recouping an overpayment unless it has written authorization from the employee to take more than that. However, the full amount of any overpayment owed can be taken from the employee's final paycheck, with or without written authorization.

    If the overpayment is demanded after termination of employment, then the employer may have to go to court to collect.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thanks Scottb,
      One part I failed to mention was that the request to have overpay relinquished was not established until after the term of employment had ended (quit to get a better job.) Approximately a month or so after I had quit my job, I recieved a call from my previous employer stating I owed a certain amount for wages that were payed, yet unworked....hope that makes sense.
      Also, where would I find information on my states laws in regards to that?

      Thanks again.

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      • #4
        You can contact the state Dept. of Labor. However, I do have to ask here, didn't you KNOW you were overpaid? The employer can certainly sue you now, since you are no longer employed there, and they will most likely win.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I actually did know I was being overpaid, and had brought it to the attention of my employer while I was still working there. They shrugged it off and didnt really do anything about it, and they also would not take me off of salary, which is why the overpayment was happening. They were paying me for 80 Hours of work per pay period, yet there wasnt even 80 hours of work available, I would work 70 if I was lucky and they were super busy. So they counted all the hours that were not 80 (ex -10 hours if I worked 70 hours in the pay period) and then told me I owed them all of those hours back after I quit.

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          • #6
            You might have a defense. I'd see an attorney if, in fact, they sue.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Ok, thanks. I have another question, but before I post, I believe I saw a thread about it...will check it out first.

              Thanks Again.

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