To start payment under the schedule, submit the amount shown in the Minimum Payment Due section of the form. The law basically states that an overpayment is treated as an advance that can be deducted from future paychecks.If you were an at will employee, then they can request it back. If you ignore them , they will probably sue you. Repayment Obligation: In most cases, the former employee is legally obligated to repay the overpaid amount to the employer. You pick an option, fill out the paperwork, return it and wait for the plan to begin paying your benefits. Sounds simple, right?