Employer reclaims overpaid wages: do you have to pay?

If the employer accidentally paid you too much wage, they can in principle reclaim it (unjust enrichment). But: if you spent the money in good faith and are no longer 'enriched', you may under certain circumstances be able to invoke this. Cut-off periods and attachment limits also play a role.

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Your chances of getting your money back

Overpaid wages can be reclaimed as unjust enrichment. But if you consumed the money in good faith and are no longer enriched, the claim may lapse (loss of enrichment, § 818 BGB).

You can only invoke loss of enrichment if you did not have to recognize the overpayment. This does not apply to obvious errors (e.g. double salary). Cut-off periods can also limit the reclaim.

What you should do now

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1. Check the overpayment
Calculate whether and by how much you were really overpaid. Demand a comprehensible breakdown.
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2. Assess good faith
Was the error recognizable to you? With a clearly excessive amount you will hardly be able to invoke loss of enrichment.
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3. Demonstrate loss of enrichment
If you spent the money in good faith on ongoing living costs, the claim may lapse wholly or partly. Set this out specifically.
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4. Check cut-off periods
A cut-off clause in the employment contract can also limit the employer's reclaim in time. Attachment-free limits protect you during offsetting.

How to spot the scam

The employer simply offsets the overpayment against ongoing wages below the attachment limit.
Pressure is applied to repay everything immediately.
The amount of the alleged overpayment is not comprehensible.

Frequently asked questions

Do I have to repay overpaid wages?

In principle yes, because it is unjust enrichment. But if you consumed the money in good faith and did not have to recognize the error, you may under certain circumstances invoke loss of enrichment (§ 818 BGB).

What does loss of enrichment mean?

That you no longer have the money received in excess and it was spent on normal living, without your having to notice the error. Then the repayment claim may lapse, but not in cases of obvious overpayments.

May the employer simply deduct from the next wage?

Only within the limits of offsetting and observing the attachment-free limits. Your subsistence minimum is protected. Object to an impermissible offset in writing.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.