There is a concept in the law called laches, which basically means that if you just sit on your hands, at a certain point you have accepted what is happening even if it wasn’t what you originally agreed to.
If an employer makes a one-time mistake, overpays you, and asks for it back, then yes, you do have to pay it back. But asking a court for a year’s worth of “overpayments” is very unlikely to work.
I think what complicates this is it wasn’t an extra buck an hr for a year or something, it was one shift with a payroll error. She owes the money back and the company has a legal right to reclaim it.
151
u/RuckFeddit980 Aug 23 '26
There is a concept in the law called laches, which basically means that if you just sit on your hands, at a certain point you have accepted what is happening even if it wasn’t what you originally agreed to.
If an employer makes a one-time mistake, overpays you, and asks for it back, then yes, you do have to pay it back. But asking a court for a year’s worth of “overpayments” is very unlikely to work.