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  1. #1
    Join Date
    May 2008
    Posts
    1

    Unhappy Overpaid Temp

    My question involves employment and labor law for the state of: California

    Almost a year ago I started working for a company as a temp, and I was hired 2 months later. I was receiving checks from the company I worked at bi-weekly for almost 2 months. I was then told I had been paid double, that accounting had made an error in payroll. Turns out I was getting direct deposits into my bank account from the agency and a physical check from the company I temped at. I had never worked for a temp agency before, I thought the hours I was reporting to them on paper was being compensated from the checks I got.
    Must I now re-pay the money, for a mistake that their dept made? I couldn't possibly afford to do so in a lump sum as they are demanding. Do I have any other options at all?
    If they take legal action, what could happen to me if I cannot pay?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Overpaid Temp

    Must I now re-pay the money, for a mistake that their dept made?
    Yes. I must admit to being baffled that you didn't notice you were being overpaid. It would be a good idea, in the future, to check your bank account a bit more regularly.

    I couldn't possibly afford to do so in a lump sum as they are demanding. Do I have any other options at all?
    Ask for a payment arrangement. Alternatively, see about getting a small loan from your bank or credit union to pay the lump sum and avoid possible suit.

    If they take legal action, what could happen to me if I cannot pay?
    A judgment could be rendered against you, paving the way for garnishment of wages.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Overpaid Temp

    Of course you have to pay back money not due you company error or not. If you don't, they will sue you for payment.

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