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An employee I work with had been promoted to a trainer position last year, and was given a $2 raise. Just a couple of weeks ago the company realized they had been over paying the employee $1.50/hr. They have reduced her pay, but the company wants her to re-pay the overpayment from this year, which is $1600. They have it documented for her to receive the $2.00 raise, so it was not an oops with our payroll system. The employee did not know that she was being overpayed, and if she had known she would have reported it immediately. My question is can they garnish her wages for the $1600?
Asked on June 19, 2009 under Employment Labor Law, Colorado
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Most likely no. So at this point, what she needs to do is go to the Colorado Dept of Labor and lodge a complaint. Bear in mind though in most states that employment is at will, which means she can fired with or without cause as long as it is not discriminatory or retaliatory.
Here is the link. http://www.coworkforce.com/
She may consider consulting with a labor lawyer at www.attorneypages.com.
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