Posted on 12/08/2005 10:31:42 AM PST by Peepster
Ok, I'm sorry if this is a silly thread, but I'm looking for advice on the legalities of a situation and I'm not sure where to go. I figured there are a lot of freepers here who are pretty darn smart and combined with experiences, could offer some help...
Basically a big known company (name withheld) my husband worked for just sent a letter saying that they over paid him by $192 and are requesting it to be paid back.
He hasn't worked there since September 2005 and they are just now sending us this letter.
Do they have a legal right to request being paid back, when they made the mistake of over payment? Does my husband have to pay it back?
Anyone else have experience like this or know the legalities? Advice?
It's only been a couple of months. If he was overpaid, then he should pay them back. You would expect them to do the same if they owed you the money, wouldn't you?
Why would you consider keeping something you know isn't rightfully yours?
Actually, considering an earlier thread...I'm not always conviced of that. ;)
I have to say that I disagree that he owes them the money they claim. Right now this particular company has a growing list of wrongs against my husband, and if they weren't such a big corporation, we'd be taking legal action.
To directly help you with the question. Requesting that small bit of money back is lame.
What they should do is simply make sure its added to his income (which i'm sure it would be on his W-2) and he'll pay all the appropriate taxes on it.
Because I disagree that it's rightfully theirs.
Are they correct in their assessment? Try to work out a payment plan. I know when I retired from the _______ Fire Department (verylarge city), they audited my 25 years of payroll sheets and determined I had received 3 days too much paid leave and deducted it from my total accumulated leave to be paid to me at retirement. I found there was no way to check their figure and they would not discuss the audit. I later found out this happened to almost everyone who retired from there.
After just reading the 'other' thread, I thought maybe you girls could help out here. Hopefully the pooper doesn't show up.
You asked for advice. Also, you didn't mention any of that other stuff in the thread.
Send them a certified letter, return receipt requested, asking that they detail all the information to support their statement..
If the employee has no evidence, timesheets, that he was paid correctly, he should return the excess. The statute of limitations is nowhere near applying, and the company has many means of retrieving their money even if it costs them much more than the value of the overpayment.
Did they offer any details as to how the overpayment happened? What are the details of the mistake? I'd ask for the details (its fair) and if it looks legit, I'd just return it.
Just because someone sends you a bill doesn't mean it's legitimate. Maybe they were right the first time and are making the mistake now, for example. Just because they think a mistake happened doesn't mean the first accounting was the mistake - it could easily be the second accounting.
A letter asking for $192 raises a fair question as to exactly how that was calculated. I'd ask them for details. If they can't provide them, then how are they so sure you owe them that amount?
Should they be able to adopt your "finders keepers" philosophy?
My thoughts exactly and that's the reason for my needing advice.
The letter does not state why he was over paid by mistake, but according to the paper attached, it looks like they miscalculated his hours. It did happen to be on his last paycheck, but I know he worked the full time he was supposed to.
I will ask for more clarification, but now I'm just wondering if this company pays ahead of time (like some of the big corps do) and then they re-adjust as actual hours are worked? I don't remember....but will get more info that's for sure.
So far though, I have yet to see proof of the overpayment. Their letter did not state the reason for over payment and the attached paperwork with the letter also does not specify the reason for over payment.
I am only questioning it because at face value, it seems fishy.
Let's just say this is a big bank and I hate them.
so you dont know if its payroll related? am i reading that right?
It's unlikely that they'd file suit over such a small amount, but it's entirely likely that they'd turn the claim over to a collection agency who will harrass you for months.
It appears to be payroll related, although they did not specify that. From the attachment, it seems (after coming to my own conclusions and "assuming") that it is a difference in pay due to actual time worked, vs. time he was pre-paid for (if that is in fact the way they pay their payroll).
Why it took 3 months to figure this out and find the "mistake" also seems fishy to me.
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