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Electronic Payroll Overpayment Florida

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  • Electronic Payroll Overpayment Florida

    I resigned from my position May 2006. Since then I still have been receiving bi-weekly checks from this employer, which I did not realize until recently. They have now caught their error and want all of the money returned. Because I was not monitoring that account closely I did spend some of the money which I though was part of the last two weeks payment I should have received from this employer.

    I am still not employed and have limited resources. Do I have any rights as to when I can repay this amount, or do I have to repay at all since this was their error.

    Another piece of information is that this company is based out of PA and I was working for them in FL.

    Thanks in advance for advice.

  • #2
    I did spend some of the money which I though was part of the last two weeks payment I should have received from this employer.

    Boy, that's a shame. Hope you didn't spend too much of it.

    Do I have any rights as to when I can repay this amount,

    You have the right to REQUEST that the employer establish a payment plan. But if they demand the entire amount up front, well, that's why I said I hope you didn't spend too much.

    do I have to repay at all since this was their error.

    Yep, you sure do. Think about it this way. If you were writing a check to pay a store, and you accidently wrote the check for too much money, would you be okay with the store keeping the extra money because it's your mistake? Or would you expect a refund?

    this company is based out of PA and I was working for them in FL.

    Doesn't matter.
    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.

    Comment


    • #3
      Thank you

      Thank you for your advice. One more question for you. The amount they are asking for a more than I calculated it to be. Do I have an recource to negotiate with them or should I get a lawyer?

      Comment


      • #4
        What is the reason for the discrepancy?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Discrepency

          The discrepency is from the remaining weeks I was to be paid for as well as earned commissions. Additionally I checked the balance and they have removed the last check but are still including this in their amount due.

          Comment


          • #6
            In my personal opinion, you show up shouting, or even whispering, "lawyer" and you're going to really put their backs up with regards to any negotiation or any willingness on their part to agree to a payment plan. They may have made the initial mistake but you're the one who's been receiving pay she wasn't due for the last four months and "didn't notice". Frankly, it's not terribly creditable that you were monitoring your account so lightly that you didn't notice since May that you were still being paid.

            In your shoes, I would politely ask them for an accounting of the amount. Since they have the right to sue you for the entire amount, it is to your benefit that you not rock the boat with them if you want any consideration to make extended payments.
            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.

            Comment


            • #7
              I am also in the same perdigament. I am being paid while no longer working for a company. Two bi-weekly payments right now. The first I thought was for un-used vacation. Do I notify the employer? or do I wait to they see the mistake?

              Comment


              • #8
                The longer you wait, the more you're going to have to pay back. All you're doing by waiting for them to notice is prolonging the inevitable, not to mention the fact that if you wait for them to notice, they CAN legally mention to prospective employers who call for a reference that you received pay you were not owed and never reported it.

                Call them and get it over 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.

                Comment

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