Legal Question in Legal Ethics in Utah

employment wages

In 4/2007 I had an injury at my work which resulted in rotator cuff surgery. I recieved wages/insurance from workers compensation fund. I am considering a law suit as there was negligence on the part of my employer. I returned to work on a limited basis until October 1, 2007. I recently found out due to a computer error my employer continued to automatically deposit my regular checks into my checking acct. while I was on workmans comp. They want me to sign a paper giving them permission to deduct $300.00 per pay-check to pay it back. If I refuse to sign the paper, what recourse LEGALLY do they have (besides probably firing me) ? These checks totaled $6390.00 and were deposited automatically from 4/2007-7/2007 and I did not endorse any of them.

Thank you for your legal advice


Asked on 8/23/07, 8:09 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: employment wages

If your employer has a written policy which tells employees that if the employee receives workman's comp payments that the employee's regular pay will be reduced or not paid, then you owe the company back the over payment. If you do not pay it back, the company can sue you for the amount.

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Answered on 8/24/07, 10:17 am


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