California Employment Law
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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.
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