Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about this.
Unfortunately, there is no law that protects employees from employer later claiming overpayment of wage or benefits, and it doesn't matter whether it was the employer or employees fault for the overpayment. The employee still owed the funds back to the employer under a breach of contract/claim of replevin, which can be made in court.
I see. So what you would do is claim the employer committed a breach of fiduciary duty by enrolling you in the wrong plan. That would be your defense to any such action against you. I wouldn't pay it if I were you.
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