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Overpayment of Wages Washington

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  • Overpayment of Wages Washington

    An employee back in April 2006 received a 3% increase, there was an administrative error on HR's part that gave this employee after their 3% increase and additional 35% increase (a dollar difference of 5.71 per hour). The employee did not say anything regardless that she was receiving nearly $500 extra per paycheck when initially it was only to be a .45 cent increase and she knew that. We just now on August 21st caught the error and are requesting the funds to be returned via payroll deduction or a lump sum payment to the employer. The employee is fighting it due to the Washington state code stating that we only have 90 days from the inital overpayment. I am hoping to get advice as we the employer read that as we overpaid from April to August so the overpayment was ongoing. We do believe the employee knew this overpayment was happening but we can not prove it. Since the over payment didn't happen once but was ongoing and we have just now caught it are we the employer still entitled to request the funds be repaid?

    Thank you!

  • #2
    Generally speaking, the date of the "last incident" starts the time ball rolling. I would contact the Dept. of Labor to confirm, though, because this is just too specific for anyone but a Washington state expert here (and there aren't any) to know for sure.

    soapbox: What's wrong with the ethics of these people? off soapbox
    Last edited by Pattymd; 08-24-2006, 11:57 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you for your reply I do appreciate this and will contact DOL for further advice.

      I do agree with your soapbox though

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