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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If an employer overpaid me three summers in a row about four

Resolved Question:

If an employer overpaid me three summers in a row about four years ago, am I required by law to pay full amt back once they catch mistake? Don't they have any responsibility, statue of limitations?
Louis m. Sinopoi
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning Louis,

I'm sorry to hear of your dilemma.

Under the CA statute of limitations, a party may seek to collect an overpayment based on a verbal contractual agreement (which is what would apply unless you had a written employment contract which you signed) for only 2 years after the overpayment was made. If the mistake is not discovered for more than 2 years, the employer would not be allowed to collect the money back from you.

Additionally, under CA law, unless you and the employer come to an agreement regarding a re-payment plan, and thereafter you sign a written agreement allowing them to deduct money from your paycheck to pay for the re-payment, the law in CA does not allow the employer to deduct any money for the repayment from your check---instead forcing them to sue you in court to collect. But in this instance, to the extent that the overpayments were made more than 2 years ago---they would not be able to collect.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
What if I had a written contract for each summer that said how much I was working & would be paid. What is statue of limitations if not verbal but written?
Expert:  LawTalk replied 5 years ago.
If you had a contract stating what you were to earn, and that is what you were paid---then that would seem to defeat any argument that you were overpaid.

Under a written contract, either party would be able to file suit on that contract for a period of 4 years after any arguable breach of the contract in AC.

Customer: replied 5 years ago.
For this info to be use ful I at least need to know the statue & where I can find the text so I can answer stuff like, when does clock start ticking on the four years? When mistake was made or when there is " administrative discovery"' their term, so give me a place or quote from statue & provide a reference source that I or they could look up to verify & apply to this case. Thank you...
Expert:  LawTalk replied 5 years ago.
Good evening Louis,

With all respect intended, I never agreed to do custom legal research for you, and after more than a month, for you to demand such is unreasonable.

I will opt out and perhaps another Professional will assist you.

Though, as this truly constitutes a new question, you should ask for all of this legal research in a new question thread.

I wish you good luck.

Customer: replied 5 years ago.
Don't agree...
Expert:  LawTalk replied 5 years ago.
Please do not respond to this message as it will send this question back to me.

Thanks and good luck.