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Overpayment of Wages California

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  • Overpayment of Wages California

    I saw several postings from a 2005 thread, so I wanted to clarify the question with more recent facts.

    We recently received letters from our payroll that during an audit, those that worked for the company in 1991 were overpaid one week salary. Now we are being asked to repay that money. We are still current employees.

    A previous quote stated "errors caused by the employer cannot be collected back from the employee." Does this fact apply to this situation as well? Also, is there any type of Statute of Limitations - especially going back to 1991? It's been suggested that any SOL clock wouldn't start "ticking" until employment had ended.

    Thank you,

  • #2
    1991? What took them so long? LOL. How much is the overpayment? I think the employer should just consider it a loss at this point, but I guess they are hell bent on getting back money from nearly two decades ago. I would imagine 1991 is well outside of any statute of limitations. Further they may not resort to "self-help" to the overpaid wages but deducting from your paycheck without your authorization. Having said that, I'm not telling you not to pay them back, that's a decision you will have to make yourself.
    Last edited by mcarson87; 12-05-2009, 02:27 PM.
    "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA


    • #3
      I've managed payroll operations for many years and I can't even think of WHY there would be such an audit for that far back. I wouldn't do anything. You aren't required to keep records, even for the IRS, even close to that long, so theoretically, there is no way you can confirm that you were even overpaid and with such terrible audit procedures, there is no way I would take their word for it, unless they audit every year since 1991 and give you a reconciliation for the past 18 years. I kind of doubt that's going to happen. They certainly have a lot of nerve. Let's see if they have enough nerve to try to sue.
      Last edited by Pattymd; 12-05-2009, 02:24 PM.
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