What to do regarding an overpayment by my employer?
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What to do regarding an overpayment by my employer?
Must I tell them about it and must I pay it back?
Asked on December 30, 2018 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The fact is that they will more than likley your employer will find out about it anyway, so you really should bring ot to their attention yourself and notify them of their mistake. You could be terminated for not doing so. Further, the law disfavors "unjust enrichment" so legally your employer can sue you to recoup the overpayment if need be. Here is a link to an artivcle that will explain further:
https://employment-law.freeadvice.com/employment-law/wage_and_hour/employee-obligation-to-repay-overpayment.htm
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