Fema Employment

Do I have any legal rights in this wage overpayment issue?

I was a teacher with a large NC public school system for 7 years. In my first year of teaching I was overpaid by $3,000+ dollars and had to pay that all back my second year, due to someone entering me as a 10-year experience level instead of a 0. Last year I left my job on maternity leave and then an extended personal leave of one year. This year--a year after leaving my job--I received notice that I was again overpaid by $1,500+. I was told the reason was twofold: because they forgot to deduct the $50 sub pay from my leave days, and because year-round employees who do not finish the entire school year are always overpaid (yes, those were the exact words from the compensation services secretary). I am irate that this has happened to me twice, but I am even more irate that the school system *knew* that I would be overpaid yet waited until I was unemployed for an entire year before reporting that information to me. Not only am I expected to repay the entire amount, but I will also have to file amended W-2s and will possibly owe more in federal/state taxes--not to mention the hassle! The county went so far as to suggest I speak with a tax representative, but refused to cover that expense. Do I have any legal rights in this matter???? Or do you know where I can get more information (preferrably FREE!)

Public Comments

  1. Speak to an attorney ...they give free consultations.
  2. generally there are limits on the amount of time a employer has to correct a pay issue. you should contact your states department of labor for assistance. http://www.nclabor.com/wh/fact%20sheets/wagecomplaint.htm you do not need an attorney or tax representative to resolve this. if you were overpaid then when/if you file a 1040X your income will be less so there should not be any additional tax owed by you.
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