On Job Injury Pay

[amlbright]

What is the name of your state (only U.S. law)? CA
I was out for shoulder surgery for 7 months. I was paid by the workers compensation insurance. For 4 weeks my company paid me "on job injury pay". Now they are saying that they over paid me and are asking for the money back. They are going to deduct it from my paycheck over 10 weeks. Can they do that?

 

[swalsh411]

Generally, no, they cannot deduct an overpayment of wages from future wages if the employee does not agree to it. Their remedy would be a civil lawsuit. Please direct them to this DLSE opinion letter: (specifically, the second paragraph on page 3)

http://www.dir.ca.gov/dlse/opinions/1999-09-22-1.pdf

Having said that, if you were were overpaid and you think they would win in court, you might want to authorize the deduction.