My Husband was over paid twice this month and now his employer is taking it out of his next paychek. Now when I was back in school, my ecom teacher told us that a check is a contract that both parties agree on if both people sign it. Is that true? Can they really take the money out from his next check?
2006-09-13 02:07:11 · 12 answers · asked by the_lovely_holly_golightly 2 in Politics & Government ➔ Law & Ethics
Yes they can. You are confusing two legal principles. A check is a draft (not a contract, but, for a school explanation, like a contract). The check in this situation is the evidence of the contract to work for a specified rate of pay by the employer and your husband. The contract in this situation is actually the agreement by your husband to work for x dollars per hour and the company to pay him for his work at that rate.
Because the company overpaid him your husband actually breached his agreement by taking more money than he was truly owed. The company can take back the money as they overpaid him above what they had contracted to pay him for the same work.
2006-09-13 02:21:50 · answer #1 · answered by J T 3 · 0⤊ 0⤋
Yes...& No... The employer can take the money back...
Yes... a check is a contract of paying & the acceptance for money due...
An employer finds an overpayment...
The employer first investigates if the wages were overpaid due to a payroll error or time theft.
If the wages where paid in error, the employer CAN recover the over payment if the employee signed a form agreeing to the payroll deduction.
If no agreement was signed, the payroll deductions are considered unlawful.
You can obtain more information about fair labor laws from your area DILHR office. (Department of Industry Labor & Human Relations)
However... this doesn’t apply to the State & Federal Government.
Their recovery from overpayments is quite direct.
You owe the money back!
2006-09-13 10:17:52 · answer #2 · answered by gurlyruby 3 · 0⤊ 0⤋
If he was overpaid, it would've been a clerical or human resources error. If the check was not intended for that amount then the company can adjust for the error. Money that does not belong to you, still do not belong to you. Say you wrote an erronous amount on a check, would you like to pay that amount.
2006-09-13 09:11:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The overpayment was invalid but your husband had to return the excess amount. Since it was not returned, the employer is right in getting it from the next paycheck.
2006-09-13 09:12:25 · answer #4 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
I gotta say, everyone has some very valid points but Joane hit the nail right on the head. Is he willing to sue and possibly lose his job over a couple of bucks?
2006-09-13 09:56:54 · answer #5 · answered by Zelda 6 · 0⤊ 0⤋
Yes they can. Your husband has a contract to work at his place of business for x amount of dollars. A human error does not override that agreement.
2006-09-13 09:10:50 · answer #6 · answered by MEL T 7 · 1⤊ 0⤋
Yes they can. His time worked is also part of that contract. If he did not work the time, they can take back the money.
2006-09-13 09:11:37 · answer #7 · answered by thesweetestthings24 5 · 1⤊ 0⤋
Yes. Or it depends... Was it an oversight on the employers part, just a mistake? Then yes they can get repayment. Was it a raise of some sort that was rescinded? then no.
2006-09-13 09:19:02 · answer #8 · answered by Sidoney 5 · 0⤊ 0⤋
Thats why your teacher is a teacher and not an attorney- If you tach ovrpaid his phone bill would he think it was a contract?
Hes dumb enough to say his rediculous thought aloud.
2006-09-13 10:00:06 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Of course they can. What if they started paying him $1.00 a week? Wouldn't you expect the employer to honor his commitment?
2006-09-13 09:19:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋