Salary Overpayment Statute of Limitations

[JETX]

I apologize for the hijack. No offense or interrupt was intended.

No problem... and thank you for deleting your post in this thread. I have also deleted my response to the post you deleted.

 

[villain]

Please site your source for this claim.

Which part of it?

 

[villain]

Learn to read.... since that is NOT what I said. Of course there is a SOL on a claim.... but there has to be something that 'starts the clock'. Like a breach, or a DOLA (Date of last activity), etc. Since the OP is still working there, an argument could be made that this was a 'rolling debt'... without any clock start. That is what I said... that you couldn't, or didn't, understand.

The date of overpayment would start the clock in my opinion. A underpayment (or non-payment) claim by the employee has a statute of limitations even if you are still employed by said employer. I can't imagine a employer overpayment wouldn't.

 

[villain]

I agree with you 110%.... HOWEVER, I believe a strong argument could be made by the employer that the employee has simply already been paid. Very similar to someone getting an advance on their pay... and then repaying it back with labor.

That's a crock. So by your argument the employee could continue to work with absolutely no pay? I don't see even the most conservative courts ruling this way. This is not an advance, this was not requested by the employee.