Bonus Repayment: Employer refusing arrangement offer Nebraska

[Henbob]

My employer gave me a sizable bonus this past July. I questioned it at the time, and my understanding was that the matter was being investigated, as it was possible I was in fact due the bonus (I had been in the department for 3 of 4 fiscal quarters, and the intent of this bonus was unclear.). Hearing nothing further, I spent the bonus after about 2-3 months. In December, my employer informed me that the bonus was only for the 4th fiscal quarter. Being that I was not in the department that 4th quarter, I was not eligible for the bonus, and am required to repay the net amount.

My employer asked that I repay $800 out of several paychecks. I declined. They responded that they would then garnish my paychecks in full until the money was repaid. I stated under Nevada statute they could not do so without my written consent. They then stated they would be willing to pursue this in the courts.

Understood.

This week I offered to repay $100 per month - which will increase should I get a raise. I also stated that, should I leave the company, any unpaid money could be deducted in full from my final paycheck. My HR rep informed me that they are unlikely to accept this offer, and will require a higher monthly amount.

Oh.

Is there any state law governing the amount of time an employee can take to repay an employer? I don't understand their stance. Given that I have made a written offer to repay the money, would they have a leg to stand on in court?

[Henbob]

(this is Nevada, not Nebraska. Sorry for the typo!)

[Marketeer]

No, there is no law that says the employer has to give you the repayment schedule that you want. The only law that would apply to your situation is FLSA, which states that they cannot reduce your wages to less than the minimum wage will recouping the overpayment. Is there a middle ground between $100 a month and $800 a month?

[Henbob]

Thank you for your reply. Would the garnishment cap of 25% of net pay apply in this situation?

I'm just at a loss regarding them taking me to court when I've made a written offer to repay. Maybe I watched too much Judge Wapner during my college years.

(My employer was requesting $1600 per month - $800 per paycheck. $100 is a bit of a stretch, but doable. $200 is a bit tighter. $300? We're talking choke-hold. 25% of net? Laughable, if I weren't terrified at the possibility!)

[Marketeer]

If they take you to court and get a garnishment, any applicable garnishment laws would apply.

There's a persistent belief that people can't be taken to court if they've made an offer to pay or are making small payments. If that were true, I could run my credit cards up to the limit and then offer to pay the company back $5 a month and they wouldn't be able to take me to court. It's not true. The reality is that the court might look more favorably on you if you've made an offer to pay (you'd be amazed at how many people we hear from on this board who don't think that they have to repay overpayments to their employers).

[Henbob]

how many people we hear from on this board who don't think that they have to repay overpayments to their employers

I'd posted one myself - having the faint hope that some fortuous statute of limitations would apply! (And I'm pretty much just talking tough when asking questions about going to court...I'll cash out my IRA before I'll face being sued!)

Thanks again for your help, Marketeer.