Saturday, January 25, 2014

my former employer has contacted me saying they made a mistake and overpayed me and now they want $3,000 or they will send it to collections...

Question

my former employer has contacted me saying they made a mistake and overpayed me and now they want $3,000 or they will send it to collections--its been 3+ years --at the time i noticed and called payroll who said dont worry its probably a combination of unused vacation and pension buyout-( of course hearsay). well its been 3 + years, is their a statute of limitations in NYC--seems somewhat unfair



Answer

It's a six-year statute of limitations. Don't trouble yourself about the hearsay issue, since there are exceptions. It is unfair, especially since you had an earlier agreement that you could keep the money. If they send it to collections, there are some very definite steps to take. If there are other people from that organization in the same situation, you should join together to retain an attorney. Any good attorney is going to need a fee that is greater than the stake here, but if there were four of you, it can be made to work. Good luck.



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