My company's employees are in an uproar about a recent, unpopular decision. They made a mistake on payroll and grossly overpaid many employees. My question would be is it legal for us to take the money back, and if so is it legal for us to get it back by garnishing entire paychecks until the mistake is corrected? Rita Risser's response: In California, it is not legal for an employer to garnish the employee's wages to get back over payments. You have to sue each employee in small claims court and then pursue a judgment just like any other creditor. You should be able to win, because the employees knew when they got the money it was not lawfully theirs. You can ask employees to voluntarily agree to give the money back, and probably most of them will. Work out a mutually agreeable way for them to pay back the money. Best of luck. Disclaimer: This information is provided with the understanding that the author and publisher are not engaged in rendering legal or other professional services. The publishers disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional person. You are encouraged to subscribe, link, pass along to others, and/or reprint these articles/pages electronically or on paper, as long as the following credit line is used: © Copyright 1997-2002, Fair Measures, www.FairMeasures.com. For more information about Fair Measures please contact us at: Fair Measures, P.O. Box 2146, Santa Cruz, CA, 95063, 831-458-0500, 800-458-2778, FAX 831-458-0181, info@fairmeasures.com © Copyright 1997-2002 by Fair Measures. All rights reserved. Read our Privacy Policy. To back-page, Use your browser BACK button