Payind back over payment

UPDATED: Oct 1, 2022

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Payind back over payment

My employer wants me to sign a form saying that I agree to pay back the over payment by Dec 22 starting Oct 13 which is my next payday I feel i should pay it on my time not be forced since it was thier mistake and it was not just me it was the whole company.

Asked on October 6, 2017 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It does not matter if it was their mistake, at least not legally (you may be right ethically or morally, but that's a different story): the law is very clear that a mistake does NOT let you keep money to which you are not otherwise entitled. Therefore you have no right to the money; and if you have no right to it, you have to pay it back immediately on demand--you have no right to hold onto until you are ready to repay it. Therefore, they could insist that you pay according to their schedule: if you do not, they could sue you for the money. They could also terminate you, unless you have a still-in-effect written contract preventing termination for this reason.

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