Ask the ExpertClawing back wage overpayments after termination
Patti McCullough asked 9 months ago
Patti McCullough replied 9 months ago

we have just laid off an employee due to a shortage of work. While processing his final payment we discovered that he had taken a payroll advance in excess of his earnings for the last pay period and as a result owes us over $400. Is it within our rights to ask him to pay that back? We are in Saskatchewan.

1 Answers
Glenn Demby Staff answered 9 months ago

From our payroll expert, Alan McEwan (hope it answers your question):
The employer can always ask, but without the employee’s written permission, no recovery or deduction for the overpayment can be made.The employer is always eligible to sue the employee in small claims court to recover the overpayment.