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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27619
Experience:  Lawyer
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Tracie,
If i was over paid in error what steps have to

Customer Question

Customer: Tracie,
If i was over paid in error what steps have to be taken by the employer in Ga to recoupe the over payment
they can't just decide to garnish wages without my consent, can they?
JA: Thanks. Can you give me any more details about your issue?
Customer: I work in a dental office and we switched to a new software. I am paid on comission or hourly (which ever is higher) They new system was charging everyone standard fees instead of contracted fees so I was over paid on comission for two paychecks.
All of a sudden they have decided that they are just going to take $300 out of my paycheck and I had no idea it was going to happen and I have nothing in writting stating how they came up with that amount of how often this is going to happen
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Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I need something that I can bring to my employer that shows what the Ga law is regarding this
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

I'm sorry to say, Georgia does not have a statute that explicitly states when an employer may make deductions from an employee's wages. It's a good business practice to get employee consent in writing, but unless you have a handbook or contract that says that, there isn't anything I can give you that says they can't make the deductions. If the amount they're taking out took you below the minimum wage for hours worked, you could cite the minimum wage statute. Code of Georgia, Section 34-4-3.

You do have the ability to try to work out a more reasonable schedule for repaying the amount you were over paid, but if you owe the money, I'm afraid you're not protected. You can write a letter to your Congressperson to urge them to pass laws, but that won't help you in your current situation.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.