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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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While I was on Medical leave months my employer paid me

Customer Question

While I was on Medical leave for two months my employer paid me during a portion of this leave. When I returned back to work a month later the HR department advised me that I was over paid in an excess of 2K and that I had to pay back by either writing a check or in payroll deductions. I never had a problem with this because while I was out I was being taken care of and my family member did not know I was not suppose to be receiving the money, but what I did not understand was my company is taking 100% of my salary and refuse to make a payment plan with me I am literally going almost 2 months without pay, Is this legal in the state of Texas? Is there no cap of how much an employer can take away from you at one time?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question and I am sorry to read about your situation. Under many circumstances there is a limit of how much an employer may deduct from an employee's wages/paycheck in Texas, as elsewhere. However, recoupment of overpayments of wages do not fall within the Federal Fair Labor Standards Act, that limit other deductions to either voluntary deductions or those that will not reduce wages below minimum wage.

Texas Payday Law though, or the courts' interpretation if completely unsettled. In Texas, an employer is normally required to get a signed prior authorization for deductions from wages or there must be a statutory requirement to take the deduction, or it is for the benefit of the employee. In this case, overpayment of wages does not fit neatly into the law and the courts have not really settled this issue in cases where there was no prior written agreement by the employee. That means that if you want to, you can file a wage complaint with the TWC or file a small claims court suit against your employer for those wages and see what those venues decided. It could go either way. You can see the TWC guidance on wage deductions by going to the following link: http://www.twc.state.tx.us/news/efte/deduction_problems_under_tpl.html#wageoverpayments

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating on the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 12 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you and Happy Holidays!