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overpayment of salary Ohio

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  • overpayment of salary Ohio

    My husband gave a two week notice at his job and was immediately let go. He received one paycheck after that for time worked, one paycheck for what we believed was for the two weeks he had given but was not allowed to work, and one that we knew was an overpayment

    When we received the last paycheck, which was the overpayment, we immediately called the company and let them know about the overpayment which they took out of our account one week later.

    It's been 9 months and my husband received a call from his old boss telling him that he had been overpaid. Before that there has been no communication from the company. My husband tried to get in touch with his boss, but the boss does not stay in one area and although calls were made it took a week to get in touch with him. When we finally got in touch with him an email was sent that if we don't pay the entire amount within one week they will pursue legal action.

    We plan on paying the money back after verification of the overpayment is made, but we feel that it should be verified before we pay anything. We cannot afford to make the repayment in full at one time, but would be willing to work with the company to payback all the funds.

    What are our legal rights in this matter? What should be our next step? How can we find out if others who gave two weeks and were let go received their paychecks?

    I know it's a lot of questions, but we don't have a lot of money and this is scary.

  • #2
    Your legal rights are the same as with any other company to whom you owe money. You "assumed" that your husband was paid out his notice time; that is not required by law and it appears you didn't follow up on this one. You have to right to try to negotiate a payment plan and the employer has the right to not agree to one and to file a civil suit.

    Sorry, but although 9 months later reveals an auditing/control issue in payroll, it doesn't legally bar the employer (in your state) from pursuing immediate repayment.
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