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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19175
Experience:  Employment/Labor Law Litigation
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On a large overpayment in salary over 18 months. How can the

Customer Question

On a large overpayment in salary over 18 months. How long can the employee take to in SC to pay back the overpayment?
Is the amount negotiable? Does the employee not have any liability in the mistake?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

There is no set time frame for how long an employee has to pay back and overpayment. Nothing in the law dictates that there must be a fair or long term repayment plan. The terms are only negotiable if the employer is willing to negotiate.

The employer has to give notice of a deduction. They don't have to receive permission, at least this is true in your state specifically.

The employer has some liability in the mistake, but that just means that they can't charge you interest for having been overpaid. Normally, if someone owes you money, you can legally charge them interest (and the court will even add that to their judgment), but here they cannot do so.

So, the employer would just be restricted to the Federal rule that disallows a deduction that reduces your income to below the minimum wage requirement for the week or weeks involved.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.