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  • Overpayment of Wages in california, after a tax year

    Hi all,

    I was terminated from a company June, 2010.
    and was notified by the company June, 2011, that they overpaid me , and would like me to pay them the full, before tax amount back. which is a little over 3k.

    I contacted my local California company HR, and she wasn't aware about this.
    and had me contacting this payroll person in Texas, but she has not returned any of my voicemail or calls, until i got a hold of her email yesterday.

    this is what the Payroll suggested i do:
    The company cannot recover taxes from a previous year. Once the balance is paid in full you will submit an addendum to your taxes to receive a refund.

    i found this california government code online.
    http://law.onecle.com/california/government/13965.html
    (a) A person who has been overpaid or on whose behalf any
    provider or other person has been overpaid under this chapter is
    liable for that amount unless both of the following facts exist:
    (1) The overpayment was not due to fraud, misrepresentation, or
    willful nondisclosure on the part of the recipient.
    (2) The overpayment was received without fault on the part of the
    recipient, and its recovery would be against equity and good
    conscience.
    (b) All overpayments exceeding two thousand dollars ($2,000) shall
    be reported to the Legislature pursuant to Section 13928 and the
    relief from liability described in subdivision (a) shall be subject
    to legislative approval.


    *this company is headquartered else where, but have multiple sites through out the states, and i worked in one of their california sites.


    What should I do?
    3k is a lot of money, i don't want to pay if i don't have to.
    I didn't know about this over payment, until i got the letters in snail mail.

    Any comments would be appreciated .

    Thank you

    - Kid


    * over paid period happened during my termination period.
    and there is usually a 2 week delay on the paycheck, that's why i didn't know it was extra.
    Last edited by kid814; 09-09-2011, 12:22 PM.

  • #2
    How come you didn't speak up when it happened?

    Comment


    • #3
      i didnt know there was an overpayment, until they mail me a letter in June, 2011.
      even then i didn't think they over paid me,
      until i got like a detailed payroll record from payroll lady in Taxes yesterday.

      Comment


      • #4
        If they paid you an extra $3000, you owe them $3000. If you do not pay it, they can take legal action to collect it. Your best bet is to contact them and work out a payment plan.

        I won't bother to address the believability that you didn't notice the extra 3K.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          California tax took most of it, so there was no extra 3k in my bank account to start with , and its over 2 pay checks, that i thought they were just paying my last paycheck

          Comment


          • #6
            If you don't work out a payment plan to pay the money back, they will most
            likely take you to small claims court.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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