A sample form for an employee to agree to repayment of a wage overpayment error. If you don't, can they legally terminate your employment?This file contains a sample letter for notifying terminated employees about overpayment issues. The law does allow for an employee to voluntarily agree to repayment of any overpaid wages as long as the employee's wages are not reduced below minimum wage. Majority of the states are good as long as you don't take employees' wages below minimum wage. If the employee has already spent the money, it's possible the company and the employee can work out a repayment plan. Use the Termination Checklist to identify the required and recommended forms to fill out during the termination process. If you have an overpayment, we'll send you a decision letter. It will say how much you owe.