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Can my boss forgive a overpayment of wages Delaware

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  • Can my boss forgive a overpayment of wages Delaware

    I am a reservist in the military and while serving my two weeks on orders my employer paid me my full paycheck. Under the entitlement block on this check military was listed for 80 hours with the same hourly rate of pay I receive while actually working. Because the entitlement said military I took it as the company considered it a paid leave of absence. This went on for four more years. To make a long story short I found the companies policy regarding this on our web site and come to find out I was not entitled to any money. I immediately informed the station manager of my situation and he contacted HR. The plant manager said he understood how I could have misinterpreted this and because of that I would not be required to pay it back. He put this in writing and we both signed it. The problem I have is HR was notified but did not sign the letter. Also payroll was never informed of the decision. Does my station manager have the authority to do this? I am currently saving money to pay back the debt in case payroll wants me to pay them back. I would like to do what's right. I don't want to get into trouble. I think I should contact payroll directly to set up a repayment plan but don't want to get my boss in trouble for trying to help me. If we have a signed agreement stating the managers decision should I not worry about it? Thanks.

  • #2
    We have no idea if your station manager has the authority to allow this. That is determined by your company policy, not law.

    I don't know what we can tell you that you weren't told in the other forum (forums?) where you posted this. Your employer (speaking generically, not of your specific boss - we don't know what authority he has) MAY forgive the overpayment. He is not compelled to do so. Your guess is as good as ours whether it will be forgiven or not.

    Only an attorney in your state who has read the document in its entirety can tell you whether or not the document you signed is binding and enforceable or not.
    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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    • #3
      Reference http://www.laborlawtalk.com/showthread.php?t=281670 posted earlier today which also has a reply.
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