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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Employer over paid 2 yrs ago and wants it back

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Hi Melissa, My mom in law works for a big box store and recently received a notice that informs her that Big Box over-paid her $40 back in May of 2010. They want her to call them, because they want their money back and take it out of her current paycheck. Is that legal?  Can she tell them to take a hike? thank you, Tom

Yes, if the wages were actually truly overpaid to her then the employer can legally deduct the amount from her current paycheck.

Unfortunately, only if the money was remuneration for her past work (wages that she actually earned) would the employer not be allowed to deduct the money from her paycheck.
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