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My former employer claims they overpaid me. What are my rights and obligations in this situation?

Tampa, FL |

So far, I have only received a very generic letter by regular post asking that I send them a check. The letter was not specific at all about how I was allegedly overpaid. Should I respond to this letter?

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Attorney answers 1


Since they are your former employer, I would call them out by making them give you an exact accounting regarding why you were overpaid and the amount. Send them a return letter requesting the details. Under Florida law, the employer can have a claim for reimbursement if they have overpaid, but as a practical matter they may just let it go. Depending on the amount, I would send the letter and wait to see how good their reason is and how serious they are about pursuing it. If it is a larger amount, you should probably visit with an employment lawyer or business lawyer in your area. If it is a small amount, it would simply be a small claims action they would have a right to pursue, at which point you could resolve it (sometimes w/ payments).

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