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overpayment in new jersey New Jersey

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  • cbg
    replied
    If you were truly overpaid, yes, they can require that you pay the balance back. They can sue you for the remainder if they choose to.

    You are very lucky that they are giving you the option of paying it back over time. Many employers would have demanded that you write them a check on the spot - and they would have been within their rights to do so.

    Regardless of whose mistake it is, you are not entitled to keep pay you did not earn and were not due.

    Leave a comment:


  • mlane58
    replied
    They sure do, more than likely, you wil find yourself in court over the issue.

    Leave a comment:


  • lmorrill
    replied
    one more question

    What can they do if I leave the job before the three years it up? Do they have the right to make me pay the remainder back? Thanks!!

    Leave a comment:


  • ScottB
    replied
    The company can change your rate of pay for work you have not yet done.

    At least they are not asking you to repay 52 weeks of overpayments in your next several paychecks (they would need your written agreement to reduce your net pay).

    What they are doing is generous. Three years is a long time and they must be confident that you are a dependable employee who will stick around.

    You received money in the past and paid taxes on it (so did the employer -- FICA, unemployment taxes and WC premiums). You won't be getting pay in the future for what you already paid taxes on, so the tax issue is a non-issue.

    It would be nice for them to lay out, in writing, just how they figure this all works, in dollars overpaid and dollars not paid in the future to repay the gross amount.

    Leave a comment:


  • lmorrill
    started a topic overpayment in new jersey New Jersey

    overpayment in new jersey New Jersey

    Help! I was overpayed for one year and now my employer wants to hold my salary increases over the next three years to repay the amount. Also, they are putting my pay rate back to the original rate I was hired at. Is this legal? I am concerned about the repayment and about taxes that were payed on that money. Thanks for your help.
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