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Hello, I had been a former employee and given a top up payment for my mat leave. Months later I received a notice saying there had been an administrative error on their end and they overpaid me (Thousands of dollars) and that I am to pay this money back in full. I guess I am wanting to know if there is anything I would be able to do about this? ( get the amount brought down, not have to pay as it was their error) I was assuming their calculations were correct which in fact they had made an error in numbers. I had post partum depression and not looking at my bank account. This has put a huge strain on my finances and family. Thank you for your time and looking forward to hearing back from you.


Under the Ontario Employment Standards Act, 2000, the employer would need your written authorization to claw back this amount directly from your wages. Therefore, one option would be to not grant such an authorization.

Although they may then be unable to claw back your wages, your employer could sue you for the overpayment. They may or may not do this given the amounts at stake. Claims for amounts owing of less than $35,000 are usually brought in the small claims court.


Lluc Cerda
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email:     Web:
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