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Can I keep money that was overpaid to me by my employer?

Minneapolis, MN |

The person in HR who was in charge of payroll accidentally gave me 225 hours of overtime instead of the $225 bonus that was given to me. Therefore I was overpaid an amount of $3,089.72. I read somewhere that what is paid out to me by an employer can't be taken back. Is that true? Can I keep the money?

Attorney Answers 3



The information that I am providing is general information based on my understanding of your question. You cannot and should not rely on this general advice in making legal decisions. There may be important information that you did not include in your question that could drastically change the advice an attorney that was fully informed would give you. I am not your attorney. My response does not create an attorney client relationship.

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Hello. Errors in payroll do occur. You are not entitled to keep money that is not yours, just as if the employer erroneously had paid you too little, the employer would need to correct matters to pay you what you were due. You should cooperate with your employer in correcting the error right away. All the best.

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1 lawyer agrees


This is a no-brainer. You must notify the employer of the mistake and cooperate with them to correct it.

All information provided is believed to be accurate. However, it should not be considered legal advice. Using the Avvo website does not create an attorney-client relationship between you and Mary Joki Ebb, Esq. If you are interested in such a relationship, please call or email my office.

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