justalayman
Senior Member
It depends how he was mistakenly paid excess amount. If the raise was not supposed to be awarded then it is an errorI am not at all sure that you are correct. They paid him the rate that the paid him. I don't think that they can come back 7 or 8 months later and claim a mistake that he is liable to repay.
He can always consult a local attorney for a more informed opinion.
Here is an extreme example. You tell me why it’s different
I make $50/hour
Starting July 1, my pay was increased to $100/ hour. Nobody said I was going to get a raise. None was anticipated. I didn’t say anything to anybody. Just figured i deserved it.
So, by the end up the year I made an extra $50,000 that I was never told I would be paid. It was simply an error by the pay clerk. Employer realized the error in their end of the year accounting and asked for it back.
Using your argument I get to keep it.
While there are some reasons it wouldn’t have to be repaid, being simple error isn’t one of them. While others mention contracts, the fact is all employees do have some form of contract. Usually it’s oral and simple. When told you’ll get $50/hour, that is one of the terms of your contract. Unless the employer intentionally alters the terms (a mistake is not an intentional act for the purpose at hand), you must be paid (at least) $50/ hour. That is in your contract. Now if the employer agrees to pay you more (and you accept of course), you can then expect to get paid that addditional amount for every hour worked. If you are unintentionally paid more, the employer does have all rights to demand to be repaid that amount.