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  1. #1
    Join Date
    Sep 2016
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    Default Can an Employer Withhold a Paycheck Based on Overpayment

    If an employer overpays you due to a time sheet issue, and they catch the issue before you pick up a second paycheck that includes an overpayment, can they hold your paycheck until you agree to allow them to deduct the prior overpayment? The employer is in New Jersey. This was a temporary job, and the checks at issue are the final two paychecks for the employment.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Can an Employer Withhold a Paycheck Based on Overpayment

    The first question is, how did the problem come about? If the employee could be perceived as having submitted a fraudulent time sheet, the employee needs to consider how hard they want to push the issue if they may end up facing criminal charges as a result.

    The second question is, since the employer has a right to the money, does it make sense to refuse to cooperate knowing that the result is that you're likely to be sued (or worse, if the matter could be viewed as fraud, in which case you might trigger the aforementioned criminal charges).

    Final pay is to be issued on the employee's regular payday, so the employee has the opportunity to seek assistance from the state department of labor.

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