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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4823
Experience:  Extensive experience representing employees and management
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I do not think I was over paid but will be asking for all my

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I do not think I was over paid but will be asking for all my pay stubs in the past 5 yrs. If I do not receive accurate documents stating that I owe the amount they stated do I have to pay them back? .....Also if I do receive the documents do I have to pay them back? Because the employer was the one who made the mistake?

Also I went to a 2 month course (was mandatory for work and they paid me while I went) they switched my pay and in doing so reduced my pay and bi-weekly salary for the two month period at the course. When I returned to work they switched me back to my normal pay. Before I resigned I received an email stating that I would receive back pay for this by August 22nd. If I do owe them the $3600 can they deduct it?
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello,

I’m afraid that your employer is within its rights to require that you pay the $3,600 that you were overpaid, if indeed you were overpaid for that time. Of course, if they cannot prove it, then they will not be able to claim it in a suit, so you would only be legally obligated to do so if it is something that they can demonstrate through your pay stubs, etc.

It makes no difference that it was your employer’s fault in overpaying you. While California does not allow an employer to recoup money that is paid as wages, if an employer makes a mistake, they are legally allowed to see that that money is returned, they can just not deduct it from wages that are owed to you.

As far as your back pay amount, you would be entitled to that if your employer made a contractual promise that it would give your regular rate of pay for the training period of time. Otherwise, your employer wouldn’t be obligated to pay you that amount, and wouldn't be required to deduct it from the $3,600 that you may owe them.

Although, of course, it’s always something you could ask them to do.
I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

I hope the above information is helpful.

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4823
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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