Former employer apparently overpaid me

[UnatcoAgent]

Originally posted by: Skoorb
If you have an email showing that you asked if it was ok and they said yes and now they are saying no they can go fvck themselves.

Of course, that's my street justice statement, inline with everyone else. I don't know what the legal precedent is, but at this point I'd let them take you to small claims court if they so want to. Very good chance even if the judge finds for them that he doesn't in its entirety. If you asked and they said it was ok what the hell else can you be expected to do?

Whether you were overpaid or not is immaterial at this point. You specifically asked them for clarification. That is covering your bases and being a good boy. They said it was ok, so screw them.

I'm waiting on a response to my phone request with the woman who wrote the email, if I don't get a response soon I'm going to call them directly.

There are a lot of screw ups on their part here, chiefly they are saying my last day was march 20th, which it wasn't, it was march 3rd.

The important part there is they are then saying that the payment I received on march 6th, which was my final pay as outlined in my separation agreement was in fact an overpayment, and not the unexpected, extra pay I got on march 20th. The payment on march 20th is what I cleared with them as being "ok", but they're saying it was the payment on march 6th, despite that amount being outlined in my goodbye agreement. Devious.

 

[UnatcoAgent]

Originally posted by: edro
For some reason I doubt you have "the response" email from them saying it was your "final pay".

I do have it.

 

[racolvin]

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

This +1

 

[SacrosanctFiend]

Originally posted by: Skoorb
If you have an email showing that you asked if it was ok and they said yes and now they are saying no they can go fvck themselves.

Of course, that's my street justice statement, inline with everyone else. I don't know what the legal precedent is, but at this point I'd let them take you to small claims court if they so want to. Very good chance even if the judge finds for them that he doesn't in its entirety. If you asked and they said it was ok what the hell else can you be expected to do?

Whether you were overpaid or not is immaterial at this point. You specifically asked them for clarification. That is covering your bases and being a good boy. They said it was ok, so screw them.

It doesn't matter that some lowly payroll peon stated that the payment was ok. If he was overpaid in error, the company has every right to recoup the money. They don't even have to resort to a lawsuit to recoup. In many states (OP, I don't know what state you are in) they can turn it over to a debt collection agency. Have fun with your credit score.

OP, I would ask the company for a specific accounting of the overpayment. If they can't provide that to you, then tell them to fuck off. If they can, suck it up and work out a repayment schedule.

 

[TheKub]

Originally posted by: Sabot
Everything was supposed to be paid in a lump sum on one specific day, the extra pay was 3 weeks after this. We'll see what they say tomorrow, no way in hell I'm paying them back after this rude letter.

Dude, its likely just a stupid form letter.

A while back I shared an apartment with 4 other people and rent was ~$1665. Normally everyone would give cash to 1 person and that person would write a check. Several months into the lease the person that was normally writing the checks was on vacation so I took the role, took the cash, wrote the check (and having a brain fart) for $1660 and paid rent. A week later we got a threatening letter on our door telling us to pay what was due or vacate the premises. By the wording in the letter you would think we hadn?t paid in months and it was only $5.

Then I figured that no one probably even looked at this. They have management program that they have someone enter checks into once a month and when the process is done the system automatically prints out the same generic letter for everyone. Even the person stuffing the envelopes probably didn?t even read it.

So don?t be so up tight and offended. That being said if they did make a mistake pay it back, with the caveat that you will pay them the $2500 minus the cost incurred by you to amend your taxes (assuming you paid and all). They did after all make a mistake.

*edit*

Also, who the heck gives you a severance package when YOU decide to leave?

(besides Zappos?)

 

[Insomniator]

Too bad if they made a mistake, what if he already spent the 2500 on bills? Vacation?

A company (1 HR person represents the company) that confirmed a payment was correct should have no right to reverse their decision.

Now legally he probably has to give the money back, but I don't feel that is correct.

 

[UnatcoAgent]

Originally posted by: Insomniator
Too bad if they made a mistake, what if he already spent the 2500 on bills? Vacation?

A company (1 HR person represents the company) that confirmed a payment was correct should have no right to reverse their decision.

Now legally he probably has to give the money back, but I don't feel that is correct.

We'll see what they say after I've spoken directly with them, they are a great company on the whole, so I am very surprised by this. If, legally, I have to give the money back, I will, how I will do that is another matter. I am hoping they will listen to reason however.

 

[GoPackGo]

Be sure to call Judge Judy to have them preside over the case.

This should be a good one.

I would love to hear what she has to say over the matter.

 

[Miramonti]

Apart from the other arguments, having already paid taxes doesn't help the alibi, as an amended return is all that's required to adjust the tax liability.

 

[pravi333]

My suggestion is to keep all future conversation in written and delivered with signature confirmation vis usps. Since they already spun it legally, you need to start playing that game as well, regardless of what you decide to do with that money.

 

[SacrosanctFiend]

Originally posted by: Insomniator
Too bad if they made a mistake, what if he already spent the 2500 on bills? Vacation?

A company (1 HR person represents the company) that confirmed a payment was correct should have no right to reverse their decision.

Now legally he probably has to give the money back, but I don't feel that is correct.

First, just because an individual works in Human Resources does not mean they are authorized to represent the company (p.s. payroll =/ HR). Second, if an individual recieves an underpayment and deposits it (confirming that it was correct), you better believe the individual would have the right to the missing wages if they later brought it to the attention of the company.

 

[UnatcoAgent]

Originally posted by: pravi333
My suggestion is to keep all future conversation in written and delivered with signature confirmation vis usps. Since they already spun it legally, you need to start playing that game as well, regardless of what you decide to do with that money.

Good advice, thanks!

 

[MotF Bane]

Originally posted by: SacrosanctFiend

Originally posted by: Skoorb
If you have an email showing that you asked if it was ok and they said yes and now they are saying no they can go fvck themselves.

Of course, that's my street justice statement, inline with everyone else. I don't know what the legal precedent is, but at this point I'd let them take you to small claims court if they so want to. Very good chance even if the judge finds for them that he doesn't in its entirety. If you asked and they said it was ok what the hell else can you be expected to do?

Whether you were overpaid or not is immaterial at this point. You specifically asked them for clarification. That is covering your bases and being a good boy. They said it was ok, so screw them.

It doesn't matter that some lowly payroll peon stated that the payment was ok. If he was overpaid in error, the company has every right to recoup the money. They don't even have to resort to a lawsuit to recoup. In many states (OP, I don't know what state you are in) they can turn it over to a debt collection agency. Have fun with your credit score.

OP, I would ask the company for a specific accounting of the overpayment. If they can't provide that to you, then tell them to fuck off. If they can, suck it up and work out a repayment schedule.

So apparently, if you want to have a reliable word from a company, you must insist on getting it in writing from an executive of the company.

 

[mugs]

Originally posted by: Sabot

Originally posted by: Insomniator
Too bad if they made a mistake, what if he already spent the 2500 on bills? Vacation?

A company (1 HR person represents the company) that confirmed a payment was correct should have no right to reverse their decision.

Now legally he probably has to give the money back, but I don't feel that is correct.

We'll see what they say after I've spoken directly with them, they are a great company on the whole, so I am very surprised by this. If, legally, I have to give the money back, I will, how I will do that is another matter. I am hoping they will listen to reason however.

FYI, you won't be able to lift $2500 worth of pennies. Dimes are the way to go for make the weight manageable while maximizing the quantity of coins.

 

[UnatcoAgent]

I just got a call from the head HR woman, who was incredibly helpful, and said after reviewing the case she's absolving me from the "debt" since none of it was my fault, and I was forthcoming with the problem at the time. w00t!

This totally made my week!

 

[olds]

Props for update. ++++

 

[Barfo]

Originally posted by: Sabot

Updated - 06/05/09

I just got a call from the head HR woman, who was incredibly helpful, and said after reviewing the case she's absolving me from the "debt" since none of it was my fault, and I was forthcoming with the problem at the time. w00t!

This totally made my week!

How gracious of them to absolve you :roll:

Congrats anyway :thumbsup:

 

[KeithTalent]

Good stuff. Everyone ended up handling themselves properly in this. :thumbsup:

KT

 

[UnatcoAgent]

Originally posted by: Barfo

Originally posted by: Sabot

Updated - 06/05/09

I just got a call from the head HR woman, who was incredibly helpful, and said after reviewing the case she's absolving me from the "debt" since none of it was my fault, and I was forthcoming with the problem at the time. w00t!

This totally made my week!

How gracious of them to absolve you :roll:

Congrats anyway :thumbsup:

Yeah, I should also add that she was very apologetic on behalf of the company, since it was such a ridiculous letter, so that also was nice to hear. Either way, very happy now!

 

[racolvin]

Congrats on it working out in your favor!

 

[SunnyD]

Same thing pretty much happened to me. They gave up after I stopped responding to them.

 

[rasczak]

nice!

 

[Bacstar]

Be sure to get it in writing too...

 

[alkemyst]

gratz, now send me a dolla

 

[AreaCode707]

Originally posted by: Sabot
When I left my full time gig, I received a chunk of money I thought was severence pay, but wasn't entirely clear on. I emailed the company immediately to confirm it was accurate, incase it was a screw up, they emailed me back saying everything was fine, and that it was indeed accurate.

Now I have a letter from them 2 months + later saying they did overpay me, and that they want $2500 within 10 days or 'legal action' will be taken.

Incredible to get such a threatening letter to begin with, considering I was laid off and a devote employee, let alone after they confirmed it was right.

Any advice here?

Updated - 06/05/09

I just got a call from the head HR woman, who was incredibly helpful, and said after reviewing the case she's absolving me from the "debt" since none of it was my fault, and I was forthcoming with the problem at the time. w00t!

This totally made my week!

Yay you! Makes being honest about it in the beginning totally worthwhile, doesn't it?