With small, family owned company for 5 years. My past raises have come as a surprise- just showed up in my paycheck. Except for one that was accompanied by my only review. They are saying I was overpaid over the last 17 months approx $1800.00 and want me to pay back $700.00. I had no reason to know it was a mistake and they did not catch it- or so they say. I cannot afford the pay decrease or paying back the money they say I owe. What do I do???? I am a salaried employee that also earns on-call pay at times and also bonuses given arbitrarily so my check fluctuates. It is my base pay they are reducing. And want to deduct 50.00 per check to repay the "mistake". I am not sure how they missed this.
2007-05-05 11:02:58 · 7 answers · asked by dizzkat 7 in Business & Finance ➔ Careers & Employment
It is legal to require an employee to pay back an overpayment; however, it does not appear that they were too clear about what your real base amount was. If there was no communication with respect to your previous raises, I agree, you had no way of knowing that this was a mistake.
Visit www.dol.gov for the link to the dept of labor for your state. Their wage and hours division may be able to assist you with this. In my experience, the payroll records from small companies are not always kept as well as they should be.
In the meantime, start looking for a new job. You will need one if you end up ticking them off by filing a claim with the DoL. FYI, it is illegal to withhold an employee's final pay without their express written consent, no matter what the employer says is owed. Don't sign any agreement saying that you will pay this back. If they ask you to, tell them you need to consult with your attorney first. That in itself may get them to back off.
Good luck.
2007-05-05 12:46:00 · answer #1 · answered by Mel 6 · 0⤊ 0⤋
Apparently, they are not honorable people who value you as an employee. You are going to have to work out a compromise with them if you are not wanting to change jobs.
Even the government does not take back pay if you were unaware that they had made a mistake and cashed the checks and took the money in good faith. I think I would get a lawyer and tell them exactly what you will accept. No payback and no (or how much) decrease in base pay you will accept as; if you like your job and are a good employee and want to stay, then your honorable position is to make a slight (slight) reasonable compromise. If they refuse, then you should use the same lawyer to sue their pants off. If you need - use legal aid - find them in the phone book - as they represent you on sliding scale (cheap or free) based upon income vs. expenses.
2007-05-05 11:34:31 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The most interesting thing about your case is that this lasted for 17 months. If it was 1 month or 2 months, then they will have more clause for asking you to return the money. However, in your case, it lasted well over a year. You are not liable what-so-ever to repay the money, and if they even dare hassle you, you should contact a lawyer to simply write them a letter. Be sure to make sure that the letter is nonabrasive. After all you still work for them. Good luck!
2007-05-05 11:39:15 · answer #3 · answered by ugy56 2 · 1⤊ 0⤋
so which you're admitting that the earth is warming? undergo in innovations climate is the long term form. " if the previous one hundred thirty years have been under nicely-known via a minimum of 0.5 degs and the previous 30 years, and in basic terms 0.5 degs above." climate dose bounce up and down yet over tens of millions of years no longer hundreds. if its been warming for one hundred sixty years what ought to be inflicting this? its no longer the solar photograph voltaic output has no longer multiple via any measurable quantities and in any case the cycles are no longer sustained for long adequate to have an excellent consequence on climate. BTW its graph is zeroed on the nicely known from 1961 and 1990 yet with archives from 1880. because of fact the earth has been warming this temp is greater then the nicely known over the full archives set.
2016-12-28 14:23:16 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Never heard of such a thing in my life . You need better input than what you could expect here unless you happen to find someone savvy in labor law, which I doubt .
No way would I take that lying down . I advise you to move heaven and earth to get answers and be quick about it . None of this procrastinating. If somebody is passing the buck, YOU should not end up the victim .
Good Luck
2007-05-05 11:17:46 · answer #5 · answered by Anonymous · 0⤊ 1⤋
They need to tell you in writing that they will be deducting the amount due to an error. It is perfectly legal. I had to do this with my employees some time ago. They didn't like it, but it was not legally theirs to keep.
2007-05-05 13:38:16 · answer #6 · answered by judirose2001 5 · 0⤊ 0⤋
Yeah, they can make you pay it back. It wasn't your money, and mistakes happen. Ask them to work out a deduction from your check until it is payed back...
2007-05-05 11:06:28 · answer #7 · answered by Anonymous · 0⤊ 0⤋