QUESTION

Do I have to repay my employer who incorrectly overpaid me?

Asked on Oct 11th, 2013 on Labor and Employment - Texas
More details to this question:
I am an exempt employee of a large corporation. In my previous role with the company, I was provided with a company car. My subsequent role was not "car-eligible", so they provided me with a bi-weekly allowance of $230 for a year. Unbeknownst to me and the company, however, the fleet services vendor failed to stop adding the allowance to my paycheck after the 52 weeks had passed. The error was discovered about a month ago, and now my company is telling me that I have to repay the $14,500 that I have received since. Is this true? Do I have to repay when the error is not mine? Is there no protection for me under FLSA?
Report Abuse

1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
How is it that you were unaware that you were continuing to receive the car allowance after you were transferred into the job that was not "car-elibile"?  Wasn't the item listed on your paycheck stub? Courts have allowed lawsuits to recover overpayments to employees.  It is not possible to say whether your employer could prevail in such a case against you without knowing more.  An employer may not withold amounts, including overpayments, from a Texas employee's paycheck without the employee's written permission.  Well-counseled employers may have some language in their initial employment documents (signed by the employee) which would permit such withholding.   However, even in that event, the employer may not withhold an amount which would cause the employee to earn less than minimum wage for each week included in the paycheck.  An employer would likely terminate an employee who refused to repay an overpayment. 
Answered on Oct 14th, 2013 at 11:05 PM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters