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Overpayment of wages

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  • cbg
    replied
    Even if that is true in FL, and I don't think it is, that does not make it true in the other 49 states. I agree with Patty; post a link to that law.

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  • Pattymd
    replied
    Craig, post the link to the law.

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  • BigCraig
    replied
    It was in my case, that was in Florida.

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  • cbg
    replied
    Sorry, Craig, but that is simply not true.

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  • Pattymd
    replied
    BigCraig, can you post a link to the law that backs up your statement? The recovery of overpaid wages is regulated, if at all, by state wage payment laws. Although in a few states, written authorization is required to deduct overpayments, that is not the case in most.

    Original poster, did you ask for the reconciliation? BTW, if the per diem was within the CONUS guidelines for the area in which you worked, they should have treated it as nontaxable compensation.

    Don't ignore this, as the employer is free to file a civil suit against you if you do not repay.

    Now, all of this is assuming that you were, in fact, an employee and not an independent contractor. If you were an IC, these were not "wages", but payment for services rendered as a vendor, and state wage payment laws will not apply.
    Last edited by Pattymd; 10-21-2005, 03:32 AM.

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  • BigCraig
    replied
    They can make you pay back any over payment only at the same rate they gave it to you, no negotiation required (unless you think they will take less?) If you received $200 every 2 weeks too much you can be forced to pay back $200 every 2 weeks but not more.

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  • Pattymd
    replied
    Ask for an accounting of how the overpayment was determined. If they are correct, they have every legal right to ask for it back. If so, you may wish to see if you can negotiate the repayment terms. However, I would advise that you want to repay it in the same year the overpayment occurred, as the tax treatment of such repayments in subsequent years gets pretty tricky.
    And, they can bring a civil suit if you refuse to repay.

    Leave a comment:


  • Jones1423
    started a topic Overpayment of wages

    Overpayment of wages

    Hi all,

    I recently got in this predicament, and any help is much appreciated. I work as a contractor through a contracting company in MA. My contract is expiring next Friday, so I will not be working for this company for much longer. When I started this contract they offered to pay me a per diem since I am a resident of New York State and come out here to work every week. I did not completely understand how the per diem was going to work, and the contract did not make it much clearer. When I received my first paycheck (6 months ago) I just assumed that the paid amount was correct. They have paid me by the exact same format every week since, until this week they notified me that they have been overpaying me. They now are asking to get the money back. I have looked elsewhere and found that they can legally get the full amount back if it is clear that I was overpaid. Obviously I don't think it was clear since I never questioned it. How have cases similar to this ended up in the past? I can provide more details to the structure of the contract if needed. Thanks again.
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