employer overpaid me.?

Question

employer overpaid me and take a lump sum each month. Now when I asked for them to lower my deductions they are not cooperating. I feel this is unfair as it is not my fault. what legal rights do I have?

Answer 1

Your deductions are a percentage of what you are paid, and those cannot be adjusted. However, they should be withholding the overpayment from your gross wages as you were already taxed on the money in question.

The overpayment needs to be removed from your gross pay and then deductions taken from the remainder.

It would be different if they had given you a loan that you hadn't claimed as income. Then you would pay them back out of pocket after deductions. But it seems if they are garnishing your wages after deductions for money that has already been received with deductions removed, then you are paying the government twice.

Answer 2

UK: If you realised that you had been overpaid and did not report the fact to your employer you would be guilty of Theft. Especially if it is a large sum the evidence would be in the fact that you were reckless if you did not realise it. No if's or but's about it. It is highly likely that a similar law applies in most countries. You are now at their mercy and unless you go to them cap in hand, they can take as much as they like in deductions..........

Answer 3

they overpaid you, you kept the money, and now you're complaining because they're taking it back in pieces?

They should have fired you for being dishonest and spending money you knew wasn't yours.

Your legal right is to be thrown in jail for theft. Consider yourself lucky you are still employed.

Answer 4

There's really no legal right that you have. Just feel fortunate that they leave you with any money. They could've taken it all at once instead.