Former employer suing me

[magyar123]

Back in 2000 - eight years ago - I transferred from my swing shift position to a regular day, 8-5 position. While in the swing shift position I received shift differential pay. When I transferred into the day shift, the swing shift differential was supposed to end.
Well somewhere along the line HR/payroll did not take off the S/D. I mentioned this to my manager who contacted HR. When I still saw my second paycheck with the S/D, told my manager again who then contacted HR again. Nothing happened for 6 months. My manager told me not to worry about it - that he officially notified HR two times already. And HR/payroll NEVER readjusted my pay for 6 months of overpayments. Finally in month #7 they paid me at the day rate.
Retired from this company in 2005 when I became disabled - stroke, and am on SS ever since.
Now, eight years later these idiots are trying to sue me for the 6 months worth of overpayment.
Unfortunately that former manager of mine is no longer with that company either and therefore have no proof that he contacted HR twice.
The SOL here in California is 5 years. Did the SOL period therefore begin in 2000 when they first overpaid me or in 2005 when I became disabled and left them?

[Genenco]

That's something I have never ever heard of...Interesting and pretty mean spirited of them. Might be why you had a stroke.

How much (anyway) are you talking about? I've seen shift differential of $0.10-$3.00 per hour for some companies.

[magyar123]

That's something I have never ever heard of...Interesting and pretty mean spirited of them. Might be why you had a stroke.

How much (anyway) are you talking about? I've seen shift differential of $0.10-$3.00 per hour for some companies.

$2000 total - over the 6 months period.

[Bell30656]

I would think they are going to spend more than that in lawyer fees trying to recover the money by suing you.

[Flamingo]

Whether or not your manager "officially" contacted HR doesn't mean a thing. When you have a pay discrepancy, one first should contact payroll/HR directly who will investiate the matter and also contact your supervisor or person involved as to having you do that work. Your mistake was letting it go and not following up. So, therefore, like someone who incorrectly gets extra unemployment or is sent an extra paycheck, you owe that money back. They probably have gone ethrough an audit and caught this or with tight times they are checking the accuracy of payments that have been made and your situation arose.

If your supervisor contacted HR twice, it will be in your former employee file which is kept indefinately. I would request to see a copy of that file if you plan to fight this, which I think you should. But since the amount is so small and your are on SS, you could probably just let it go.

The SOL probably started the day you left their employment. You would have to check your state laws on that.