Whatare my rightsif my employer made a payroll mistake and never took out a 30 minute lunch break for the entire 3 years I’ve worked there?
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Whatare my rightsif my employer made a payroll mistake and never took out a 30 minute lunch break for the entire 3 years I’ve worked there?
I will have to repay in 3 paychecks. Is this legal and is there anything I can do?
Asked on February 1, 2012 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, you have to repay the money, assuming that you do legitimately owe that--that is, that it is true that you should not have been paid for that lunch break, and were only paid (it not taken out) by accident. A mistake does not give you the right to the money, any more than the company would have the right to keep your money if they had accidentally underpaid you.
If you do not agree to the company's repayment scheme, they could sue you to recover the balance. If you don't have an employment contract protecting your employment, they could also terminate you.
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