Good afternoon List!

We have 2 employees in Colorado that have the exact same name. When payroll was submitted - the hours and a bonus amount were transposed (both employees received hours and a bonus but at differing amounts). This resulted in 1 employee being short paid and the other being overpaid. We have corrected the short-paid employee via a manual check. However, the overpaid employee is getting nasty and wants to know how we can legally collect the overpayment. Is there any Colorado statute that prevents us from collecting the overpayment? The overpayment was made on 1/15 and we are wanting to collect it on 1/31. Your responses are appreciated.

You can legally collect the overpayment because no law says you can't.

He is not entitled under any law to keep money he did not earn and was not due.

I'm sure one of the payroll people can tell you the methods by which you can and cannot go about this, but he has NO legal ground to stand on when it comes to keeping this money.

Thanks for the quick response!

You're welcome.

Stand by for DAW, Patty or Mlane to tell you the methods by which you can legally collect.

Sorry, CO is not my state, and CA is the only state whose rules I keep up with. I will include a pointer to the federal rules (such as they are) but I a pretty sure that CO has more restrictive rules.

http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm

the overpaid employee is getting nasty and wants to know how we can legally collect the overpayment.

I would be so tempted to tell him that the next paycheck he receives will be his last.

I would be so tempted to tell him that the next paycheck he receives will be his last.

I would be, too. And then, sue him for it.:p :rolleyes: