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If my employee agreement for my full-time position includes…

If my employee agreement for...
If my employee agreement for my full-time position includes a clause that reads: "in the case of accidental over-payment due to clerical or other errors, the employee must repay the full amount to the employer", does this clause supercede provincial law in BC? (specifically the law that states: an employer can only garnish wages for CPP,EI,etc., not errors)
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Answered in 5 minutes by:
10/18/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,593
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear that this has happened to you.

This is not about superceding another Act. If you are over-paid, even without that provision in your contract there is no doubt that you must pay the employer back. The law is very clear on this. It is not a grey issue.

Your are referring to a law that says they cannot take deductions from your paycheque without your consent. That doesn't mean you don't owe the money though.

So they can sue you for the overpayment but they simply cannot deduct it from your paycheque.

Does that help clarify the law?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 9 months ago
Ah, ok that make sense.
So, if I were to consent to the employer to allow them to deduct from my paycheque as part of a settlement agreement to avoid the lawsuit and the courts altogether, that would be an option, yes?
And if yes, do you think that's a good, if not the best, option? (sorry, for the 2 questions in one reply)

Yes I do think this is your best option especially if this is a job you hope to keep for a long time. Why burn bridges when in the end if they sue you, you will lose?

I would say do the right thing for you which is keep a good relationship with them.

Debra
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