If your job over pays you. Are they allowed to take your whole paycheck in order to recover the funds

Asked about 1 year ago - Howell, NJ

My wife's job has overpaid her and now they want it back. I understand she must pay it back but are they legally allowed to take her whole paycheck.

Attorney answers (1)

  1. David Gary Jones

    Contributor Level 11

    Answered . The answer varies from state to state, but many jurisdictions do not allow employers to deduct overpayments. Typically, the employer must separately pursue overpayments in a separate small claims or civil lawsuit.

    Please check the law of your state

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