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Commission miscalculation results in overpayment Nebraska

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  • Commission miscalculation results in overpayment Nebraska

    A portion of my commission calculation is based on the employees I manage. I was just advised today that HR has used the wrong percentage on this portion of my commission calculation for the last 10 months. This has resulted in an overpayment to me of over $6,000. This overpayment represents about 8% of my income this year. This calculation was done by HR and approved each month by the CFO. I was not shown the calculation form and was not aware of the miscalculation.

    Can I be forced to repay this overpayment that was the fault of HR's miscalculation and was signed off on each month by the CFO?

  • #2
    If you truly were overpaid, yes, you can be required to pay it back. It doesn't matter whose fault it is; you are not entitled by law to keep money you did not earn.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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