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  • Repaying employer via final paycheck: wages less than minimum Nevada

    I have been working to repay my employer a bonus which they paid me in error. I still have about $2k left to pay.

    I will be leaving the company on the 14th of this month. Per written agreement, they will retain my entire paycheck to recoup the unpaid amount. Since the FSA/insurance deductions from this paycheck will be much larger than usual, this paycheck will only cover about half of the money I owe them.

    They will be paying out my two weeks unused vacation time, and are requesting that I write them a check to pay off the remaining amount, since they cannot withhold anything from this payout. While on paper, I will be taking home two weeks pay, my defacto take-home pay for this week and next will be about $500.

    Before I sign anything further...am I compelled to agree to this arrangement?
    Don't feed the trolls.

  • #2
    Yes and no. They cannot make you sign anything. You cannot stop them from taking you to court. I do not know the NV rules, but paying less then MW (including zero) is allowed under federal rules in regards to recoverying an overpayment.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by Henbob View Post
      They will be paying out my two weeks unused vacation time, and are requesting that I write them a check to pay off the remaining amount, since they cannot withhold anything from this payout.
      Why can't they?
      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
        They will be paying out my two weeks unused vacation time, and are requesting that I write them a check to pay off the remaining amount, since they cannot withhold anything from this payout.

        I'm not sure why - this is simply what my HR manager has stated on at least two occasions...they "have" to pay me my vacation time in full. Perhaps it's simply easier for the company from an accounting or payroll standpoint? Perhaps a limitation of ADP? Company policy?

        Interestingly, our accounting department's records show that they have already took the full amount of the overpayment DIRECTLY from my back account. I had to repeatedly tell them otherwise - tell them they did NOT take money from my bank account. I don't have a lot of faith in what either department is telling me right now. Nice people, thank god.

        Thank you both for your responses, Patty and DAW.
        Last edited by Henbob; 04-04-2008, 01:44 PM.
        Don't feed the trolls.

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        • #5
          Perhaps it's simply easier for the company from an accounting or payroll standpoint? Perhaps a limitation of ADP? Company policy?

          Could be any of the above. Or your HR person could be mistaken. One thing it is not, is law.
          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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          • #6
            Originally posted by Henbob View Post
            Perhaps a limitation of ADP?
            Perhaps not. I used ADP for many years and I never had any problem getting the service to do what I need done. An employer can always just issue a hand check and record the results. Or record the results and instruct ADP to issue a check based on the manual imputed results. This was true 20 years ago and is still true today.

            I would be fairly skeptical of any "the payroll system ate my homework" excuses.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Originally posted by DAW View Post
              I would be fairly skeptical of any "the payroll system ate my homework" excuses.
              BWHAHAHAH!!!!!!!!! And don't try to con an ex-consultant.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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