Payment Recovery Due to Nonfraud Overpayment of Salary

This is a discussion on Payment Recovery Due to Nonfraud Overpayment of Salary within the Salary & Workers Compensation forum, part of the LABOR & EMPLOYMENT LAW category; My employer just sent me a notification regarding 18 months of overpayment of salary from an error in payroll coding ...

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Old Jun 9th, 2009, 05:19 AM   #1
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Question Payment Recovery Due to Nonfraud Overpayment of Salary

My employer just sent me a notification regarding 18 months of overpayment of salary from an error in payroll coding for shift differential. (I work 2nd shift and was paid 3rd shift premium.)

The total amount they require me to repay is in excess of $5000 and they want approximately half repaid in one lump sum. Do I have any recourse or will it cost me more to go to court than it would for me just to repay?

I have read various blogs and writings that proport this type of payment recovery is not allowable in California, so that is why I am looking for guidance.

Thank you,
Joe M
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Old Jul 12th, 2009, 03:24 PM   #2
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Default Re: Payment Recovery Due to Nonfraud Overpayment of Salary

----- Technically yes you do need to repay if you agree it is an error; you can however argue hardship in having to pay all or any substantial portion--saying that it was their mistake after all, and you spent it w/o realizing it was in error, and paying back now would be difficult...they often will not sue or take any further court action in these cases but will try to work something out. They may even settle on a partial amount.
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