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Former employer seeking overpayment South Carolina

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  • Former employer seeking overpayment South Carolina

    I'm not sure if this is the right forum for this question, I apologize for that, but it seemed like the best fit:

    I received notification from my previous employer yesterday that I was supposedly overpaid by $1525.79. My final two checks were $1117.04 (which they claim should have been $315.23, but they're deducting hours I didn't work from hours I did, which doesn't sound legal) and $723.98 (which apparently I shouldn't have received at all).

    A couple things:

    First of all, I don't believe I was overpaid. If I was, it certainly wasn't by that much. I know there is a federal regulation that stipulates something along the lines that creditors have to supply sufficient evidence of a debt within 30 days of a request. Can I use that here? Essentially it's the same thing, or appears to be so to me, anyway. Can anyone post the nomenclature or name of that regulation so that I can look into the details?

    Secondly, I've already filed my taxes and received my refund. Would them sending me inaccurate W2 forms constitute fraud in anyway? This is a huge company and I'm sure they're expecting to just bully me out of my hard-earned money, but I'm looking for a way to show them that I can push back. If it's not, what happens with the State & Federal Revenue services and my salary/taxes?

    Thirdly, I showed up to the office 45 minutes prior and worked "off the clock" the entire time I was with them. If push comes to shove, is it possible to threaten to sue for payment of unbilled hours, or is it too late for that?

    I almost feel like I'm being targeted unfairly. I didn't get this notice from them until they sent me an exit interview and I left some negative feedback -- nothing nasty, it was actually constructive criticism. I've talked to other former employees and none of them were contacted for repayment, but they all just wanted to get out and get it over with so they marked the exit interview as good down through all the columns/questions. And putting our name & employee ID on the form was mandatory, so they would know exactly who had what to say.

    I just don't know what to do. I certainly don't have $1500 laying around to cut them a check, but I don't think I owe them that, anyway.

  • #2
    1. You're talking about the Fair Debt Collection Practices Act. It doesn't apply in this situation. You can certainly ask for additional documentation regarding your hours worked vs. the hours you were paid for.

    2. It's not fraud for an employer to make an honest mistake. If they overpaid you, the recourse is to ask for amended W-2 reflecting the correct payment and to file an amendment to your tax return for the year.

    3. If you were a non-exempt employee who should have been paid for all time worked, your recourse is to report the employer to the state department of labor which will file a claim on your behalf. Were you actually a non-exempt employee?

    Bottom line is that employers are allowed to collect overpayments to employees (just as you would be allowed to collect an underpayment). If it turns out you do, in fact, owe this money, I would suggest trying to work out a payment plan.
    I am not able to respond to private messages. Thanks!

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    • #3
      Thank you for your prompt response.

      If my understanding of the term is correct, yes, I believe I was a non-exempt employee (in that I received an hourly wage and was eligible for over-time).

      What about them deducting hours of unpaid leave I took from hours I actually worked. For an example, say I worked Monday through Thursday, then was off sick on Friday. All accrued leave had been used so I'm already not being paid for Friday. Is it legal for them to then deduct those 8 hours from the 32 I actually did work, and pay me for only 24?

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      • #4
        Originally posted by Ceezer View Post
        What about them deducting hours of unpaid leave I took from hours I actually worked. For an example, say I worked Monday through Thursday, then was off sick on Friday. All accrued leave had been used so I'm already not being paid for Friday. Is it legal for them to then deduct those 8 hours from the 32 I actually did work, and pay me for only 24?

        No. If you worked 32, you must be paid for 32.

        Ask the employer for a detailed accounting of the net overpayment.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment

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