I have been over paid at my job for 6 months, since my first paycheck and i had no idea because i didnt know the diffrence, well now they want it back and i was wondering can i fight this in court since it happened from my first paycheck, also our checks dont say how much we make a hour.
2007-03-31 08:51:51 · 11 answers · asked by libbylee 3 in Politics & Government ➔ Law & Ethics
3400.00 is how much i owe,
2007-03-31 09:11:47 · update #1
It is not worth it to fight it in court - it will cost you money and you don't need that. Just suck it up and pay it back. Get a term thing going to pay it back over time - like they paid you - try for a six month payback period!
2007-03-31 08:55:53 · answer #1 · answered by Gone fishin' 7 · 3⤊ 0⤋
You can always fight it but depending on the amount, it may or may not be worth it.
Let's say that they overpaid you by $1 an hour or less. in 6 months, thats about $1,000. Is that really worth losing your job over......
If it's more than that, it may be worthwhile to quit so they cant take the money back.
Another option might be to talk it over with your employer and convince them the quality of work was worth the higher salary.
Your local state job/employment agency will probably be able to answer your questions better, as rules vary from state 2 state. After all, you have already paid state taxes on that larger paycheck, and that is something they cant reverse if they start taking money back out of your paycheck.
2007-03-31 16:07:03 · answer #2 · answered by mslider2 6 · 1⤊ 0⤋
Call your state's labor affairs office and find out if the law limits the time that they can back-charge you. Since your check doesn't show hourly wage, my guess is that you're on salary and are therefore "exempt" - meaning that you don't have a whole lot of rights. Your only hope is that liability is time-limited by statute, but I sort of doubt it.
Don't be argumentative with your employer. Even though you never bothered to double-check your pay (unusual for someone starting a job NOT to check, but I'll take your word for it), good faith dictates that you and your employer want to get along well.
Come back to them, apologize for not having realized it yourself, and tell them that you want to help make it right. Your goal: Reimburse your company OVER TIME - you don't want them withholding entire paychecks until the difference is paid.
Good luck.
2007-03-31 15:59:25 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Are they within their legal right to ask for a pay-back on overpayments?
Yes.
Can you fight it in court?
If you're in the US, you can attempt to sue the sunrise, so yes.
Incidentally...when you were hired, your pay rate would have been told to you. That may go against you in court.
Easiest way to deal with this is to sit down with the payroll department to discuss options. The fact that they overpaid you from day #1 *could* count in your favour (don't count on it, though). If you let them know that you are willing to work with them, generally, most payroll departments will set-up a repayment schedule (essentially, X dollars per week), instead of simply dock you an obscene percentage of your next couple of cheques.
HOWEVER, the lack of hourly rate on the cheques is in your favour, although late grade school math can tell you whether your 40 hours are what they should be.
2007-03-31 16:15:56 · answer #4 · answered by jcurrieii 7 · 2⤊ 0⤋
I agree with the previous answer. You were overpaid and the company has a right to collect the money that was overpaid. Fighting it will most likely result in you losing the job. You might ask them to take it back in increments that will not put you in a financial bind.
2007-03-31 15:57:45 · answer #5 · answered by vegaswoman 6 · 4⤊ 0⤋
You are definitely responsible for making up the difference. True, it was their error, but it isn't your money. It is theirs.
The best thing would have them just withhold money from your check until it is paid back over a period of time.
They will just fire you if it turns into a stink. And then maybe sue you for the money.
2007-03-31 16:06:43 · answer #6 · answered by powhound 7 · 2⤊ 0⤋
If you like the job, pay it back. After all it is theirs.
If you don't like the job, get a lawyer and after you are done loosing in court, paying the court costs, paying your lawyer, repaying the money and getting your pink-slip you can start looking for another job but don't use your current one as a reference. They will not be complimentary toward you.
2007-03-31 16:14:55 · answer #7 · answered by gimpalomg 7 · 2⤊ 0⤋
When they discover the mistake they could withhold a check to make up the difference, or take you to civil court.
2007-03-31 16:04:50 · answer #8 · answered by Kevin 6 · 1⤊ 0⤋
Suppose you had been underpaid for six months. Do you think it would be fair for them to keep the money?
2007-03-31 15:55:53 · answer #9 · answered by Anonymous · 5⤊ 0⤋
error is error. to fight it will just make you lose the job.
2007-03-31 15:54:37 · answer #10 · answered by Anonymous · 4⤊ 0⤋