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Overpaid.....now docked Massachusetts

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  • Overpaid.....now docked Massachusetts

    2 weeks ago i was overpaid for 4 hours of overtime I didn't work. They sent me a letter saying it will be deducted from this weeks check. I have already accounted that money to bills etc.....do they need my permission to take back the 4 hours of ot from this weeks check?

  • #2
    I don't know how Massachusetts treats this, but you are not going to get much sympathy from me.

    In Maine, we can reduce your NET pay by 10% per paycheck until we get the overpayment back, even without your permission. If you were quitting and getting a final paycheck, we could collect the entire amount.

    If this will put some sort of financial burden on you, feel free to talk to the powers that be about working out a repayment plan that is less burdensome.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      You're not getting any sympathy from me, either. You spent money you knew you weren't entitled to.

      To my knowledge, MA is one of the many states that permit the employer to correct an administrative error that resulted in an overpayment with NO dollar amount restriction. The pay to which you are entitled is not being "docked". They're merely correcting the error.

      At least they told you about it ahead of time.
      Last edited by Pattymd; 11-08-2006, 05:16 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        If the deduction doesn't reduce your wages below minimum wage, then there's little you can do about that type of correction.


        .
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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        • #5
          Is there a list by state of what the law is on overpayments? For example Maine can take up to 10%, MA can leave the ee with Fed. Minimum wage, etc?

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