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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I was overpaid by my employer; I work school system and they

Customer Question

I was overpaid by my employer; I work for a school system and they "pre-pay" employees during the summer for work to be completed during school year. However, I left after the summer, resulting in an overpayment of almost 2000. The school system is asking for the money within two weeks. I do not have the means to pay that back in two weeks -- as I am not paid all paychecks during the summer (or the overpayment would have been more).
CT Dept of Labor states that there is no state law, but a suggestion given is that the employee gets as much time to pay back the overpayment as it would have taken to accrue that money (through work). They do not give a formula as to how to figure that out. My thinking is that the overpayment represents what would have been paid in their fiscal year, which runs July 1-June 30, 2016.
Since the fiscal year goes to June 30, 2016, I plan to pay 200/month which would pay the money back within this fiscal year. (I realize this means I have to claim the balance on my overpayment as income in the 2015 tax year).
My question: If brought to court for not paying immediately per their written request what are the chances that I have to pay in full immediately if making monthly payments?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

The chances are not great that they'd force an immediately payment, but they'd require more than $200 a month depending on your income. They'd try to set up garnishment, which would allow 25% of your income to be garnished to pay the debt.