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  • mistake in overtime

    Im in CALIFORNIA there has been a mistake in the hourly double overtime wage i have been given, a very large mistake. When it first happened, i assumed it would be caught and settled right away. It has now happened again and i will assume it will continue. My time sheet is correctly done and the person in my office who sends this in has no control over the hourly amounts inserted, this is done at the corporate level. I figured this large of an amount would have been caught by someone. what are my options? Do i bring this to the attention of my employer? Can i be fired for not saying something sooner? The money has not been moved from my account, can they deduct my future salary? I dont even want to get into the massive taxes situation that will need to be dealt with. HELP!

  • #2
    YES you bring it to your employer's attention. Good grief. If they didn't catch it before now, there's no guarantee that it will be caught immediately and the longer it goes on, the more they can require you to repay. (Yes, they can require you to pay back the overage and no, it doesn't matter one whit that it was their mistake.)

    I suppose technically yes, they could fire you for not bringing it to their attention sooner but if you do so immediately, it's unlikely that they will. The longer it goes on, however, the more likely it is that they will since keeping money you know you are not entitled to is called stealing.

    Whether they can deduct it from future earnings is a question I'll let Patty answer. They can definitely require you to pay it back, however; whether they do so by payroll deduction or not.

    The longer you let this go on, the bigger a tax mess you will have to deal with.
    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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