Is a teacher required to pay back overpayment by school district?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a teacher required to pay back overpayment by school district?
The district is stating that I owe them money for a miscalculation; it carried down wrong number on the spreadsheet. I had previously verified my annual salary earlier in the year, I have email proof. However, at the end of school year they stated I owed them money? Can they legally make me pay it back?
Asked on August 13, 2016 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, they can require you to pay it back: a typographic, accounting, mathematical, etc. error does NOT entitle someone to keep an overpayment. Consider: suppose that a plumber billed you $150--if you misplaced the decimal point and wrote him a check for $1,500, wouldn't you expect him to return $1,350? You would--and you'd be correct to expect its return: someone can only keep the money to which they are entitled by the work/services they performed. If you were paid more than you were supposed to be paid, you must return the surplus.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.