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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
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Experience:  I provide employment and discrimination law advice in my own practice.
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I retired from a new york utility in 2005. I now live in florida.

Resolved Question:

I retired from a new york utility in 2005. I now live in florida. last month i received a letter from my former employer stating that for the last 8 years they had over payed me in the amount of appx. $27,000.00. They now want me to repay that amount back.
D o I have to pay back that amount after all these years and if so do they set the terms on how i have to pay it back.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

 

The answer here is somewhat complicated so please bear with me. In terms of returning or demanding that you pay back an overage, if the overage did indeed happen, then you are contractually bound to return it since you received property that did not belong to you, even if it was by error, and over an error you had no control over. This is the same logic as if a bank accidentally adds a few zeroes and sends a check to an individual--that individual is not entitled to the funds and has to return.

 

However...

 

All states have a time limit on debt that is owed to them. Under Florida law that time limit is 5 years if the contract is in writing. That means that if they have been overpaying you for 8 years, the first 3 years are beyond the scope of collections. They can pursue the other overpayment, but not the payments from before that period of time. As for the repayment of that amount, they can withhold all of it, or create a payment plan You likewise can negotiate with them over the withholding by claiming that a huge one-time withholding would detrimentally affect you when you did not in any way contribute to this situation.

 

Hope that helps.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 38759
Experience: I provide employment and discrimination law advice in my own practice.
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Dimitry K., Esq.
Dimitry K., Esq.
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I provide employment and discrimination law advice in my own practice.