Legal Question in Employment Law in Illinois

Overpayments
An employee's commission calculation was done incorrectly and the employee was overpaid. The error was discovered months later, the employee agreed with the error, but does not want to repay the commission. Instead the employee wants future commission payments, yet to be earned, to be reduced by the overpayment. The company wants repayment within 90 days. Who is right? What is the legal position of the company and the employee.

Asked on 8/11/08, 6:30 pm

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

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Re: Overpayments

The company would have the right to repayment of the erroneously paid commission.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Answered on 8/12/08, 9:17 am

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