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Help Needed: My employer has overpaid me

 
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David Congreave
PayPerShop Member


Joined: 09 Mar 2004
Posts: 40
Location: Leeds, UK
PostPosted: Mon Feb 27, 2006 12:05 pm    Post subject: Help Needed: My employer has overpaid me Reply with quote
This is a question from one of our readers based in the US - New York.

Can you help?

Quote:
I have been employed at my current job for over two years. My employer informed me a few months ago that I was overpaid over the last year (about $0.63/hour) and that I owe them about $1,000.

They started taking out $60.00 every two weeks (bi-weekly pay) for the last few months.

I have now gained other employment and gave them my resignation with two weeks notice. At this time I have one more pay check and four weeks of vacation pay left that I am to be paid for.

I was just informed by my employer that they plan to deduct the remaining $800.00 from that pay. There is no judgment against me and the $60.00 deduction on my pay check reads 'payback for loan'.

My question is can they do this and is there anything I can do about it?

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Ian Congreave
PayPerShop Guru


Joined: 14 Mar 2004
Posts: 483
Location: UK
PostPosted: Tue Feb 28, 2006 7:42 am    Post subject: My employer has overpaid me... Reply with quote
I am not an expert on US labor law. I do understand the situation in the UK and I am sure that the relationship between employer and emloyee in the US is equally subject to contract law - meaning that employees can sue their employers if they are in breach of contract.

I usually suggest three steps:

First, are there any federal laws that cover your situation? I suspect not, but you should explore the Department of Labor's website, starting at http://www.dol.gov/compliance/.

Next, are there any state labor laws that can help? I understand that you live in New York state, so have a look at http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/lshmpg.shtm. You can also talk to your local DOL office, addresses at http://www.labor.state.ny.us/workerprotection/laborstandards/workprot/lsdists.shtm.

Third, if you cannot find what you need from those sources, you should visit a local legal advice office. There will be experienced advisers who have dealt with your kind of problem before.
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