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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37952
Experience:  Retired (mostly)
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I worked hospital as a caregiver to patients of theirs. When

Customer Question

I worked for a hospital as a caregiver to patients of theirs. When I left their employment I was overpaid according to the hospital's auditors. And I l left in 2009. Now I have received a letter from the hospital showing the principal amount they want, ($441.67) plus $125.93 in interest. Two things: I do not feel that I should be expected to pay interest on an amount I did not even know that I had been overpaid, and secondly isn't there a statute of limitations on bringing a suit. They are going to send this action to collections soon. What is your advice?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

The statute of limitations on a claim for restitution for the overpayment is subject to the three-year statute of limitations found in Cal. Code Civ. Proc. 338(d). See also, FDIC v. Dintino (2008) 167 Cal.App.4th 333, 348.

You can tell the employer what I've just stated above, and suggest to them that they have no actionable claim whatsoever.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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