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I have been employed on renewable annual contracts with the same employer since 2012, with contract dates of 01 Jan to 31 December. I am now told that I was erroneously overpaid an my previous contract on backpayment of a salary increament that I was eligible to receive in March 2018. I am now on a new contrac effective 01 Jan 2019.

Am I liable to pay back the overpayment?

  • Did they pay you more than the contract provides? – Greendrake Jan 18 at 8:45
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    You really need to add a jurisdiction, and you really need to see a lawyer about the effect of this contract on your status as a full-time employee (because the law doesn't much care about your loophole, if it walks like a FTE and quacks like a FTE, ...). – Nij Jan 18 at 8:50
  • It was a backdated payment for an annual increase, – Ditlhokwe Jan 18 at 9:05
  • @Ditlhokwe "It was a backdated payment for an annual increase" That does not answer Greendrake's question, and instead it adds some confusion. You might want to edit your question to make it clear when did you become eligible to the increase (Jan 1st of 2018?) and *when did you get the backdated payment (March 2018?), or how is it that you became eligible to receive it in March 2018 if your contract renewal dates are Jan 1st. More important, I strongly encourage you to reproduce the clause at issue and to detail how the raises are determined. – Iñaki Viggers Jan 18 at 10:04
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Your rights, and the company's rights, will depend on the law where you and they are located, and on the exact wording of the contract. If you were in fact paid more than your previous contract says that you were entitled to, you might well be required to repay it, but we can't be sure, nor do we know what mechanism can be used for such repayment.

You are going to need to talk to your company, and probably to a local employment lawyer to whom you can give the full detailed facts.

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