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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27998
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If an employer overpaid me three summers in a row about four

Resolved Question:

If an employer overpaid me three summers in a row about four years ago, am I required by law to pay full amt back once they catch mistake? Don't they have any responsibility, statue of limitations?
Louis m. Sinopoi
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning Louis,

I'm sorry to hear of your dilemma.

Under the CA statute of limitations, a party may seek to collect an overpayment based on a verbal contractual agreement (which is what would apply unless you had a written employment contract which you signed) for only 2 years after the overpayment was made. If the mistake is not discovered for more than 2 years, the employer would not be allowed to collect the money back from you.

Additionally, under CA law, unless you and the employer come to an agreement regarding a re-payment plan, and thereafter you sign a written agreement allowing them to deduct money from your paycheck to pay for the re-payment, the law in CA does not allow the employer to deduct any money for the repayment from your check---instead forcing them to sue you in court to collect. But in this instance, to the extent that the overpayments were made more than 2 years ago---they would not be able to collect.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27998
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
What if I had a written contract for each summer that said how much I was working & would be paid. What is statue of limitations if not verbal but written?
Expert:  LawTalk replied 2 years ago.
If you had a contract stating what you were to earn, and that is what you were paid---then that would seem to defeat any argument that you were overpaid.

Under a written contract, either party would be able to file suit on that contract for a period of 4 years after any arguable breach of the contract in AC.

Doug
Customer: replied 2 years ago.
For this info to be use ful I at least need to know the statue & where I can find the text so I can answer stuff like, when does clock start ticking on the four years? When mistake was made or when there is " administrative discovery"' their term, so give me a place or quote from statue & provide a reference source that I or they could look up to verify & apply to this case. Thank you...
Louis
Expert:  LawTalk replied 2 years ago.
Good evening Louis,

With all respect intended, I never agreed to do custom legal research for you, and after more than a month, for you to demand such is unreasonable.

I will opt out and perhaps another Professional will assist you.

Though, as this truly constitutes a new question, you should ask for all of this legal research in a new question thread.

I wish you good luck.

Doug
Customer: replied 2 years ago.
Don't agree...
Expert:  LawTalk replied 2 years ago.
Please do not respond to this message as it will send this question back to me.

Thanks and good luck.

Doug

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