Legal Question in Employment Law in Colorado

Withholding of Wages

If the company that employs an individual overpays that individual, can the company withhold money from future paychecks in order to compensate for the overpayment without the individual's consent? I heard of an opinion made surrounding a case with Barnhill as well as one about California State Employee's Association vs. State of California. If not, how can the company recover an overpayment? Do they have the right to attatch wages without due process just because they are the employer? How much is too much? Can they take a whole paycheck or is there a percentage?


Asked on 10/13/99, 3:21 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Withholding of Wages

An employer cannot withhold wages without employee�s permission. they have to go to court to get the money back. They can also fire you for not paying it back.

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Answered on 10/13/99, 4:57 pm


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