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LadyJag | Can a company bill its employee for money they overpaid because of their own mistakes? |
I went on medical leave back in March and decided to terminate my employment in May. HR tells me that the company mistakenly paid me for longer than they should have. Now they want to bill me for all the wages, plus the portion of medical benefits the company paid on my behalf. Can they legally charge me thousands of dollars when it was their error?
Additional Details
I went on medical leave back in March and decided to terminate my employment in May. HR tells me that the company mistakenly paid me for longer than they should have. Now they want to bill me for all the wages, plus the portion of medical benefits the company paid on my behalf. Can they legally charge me thousands of dollars when it was their error?
Thank you for your answers. I will add that I have direct deposit, so I was not cashing the checks.
Also, part of my leave was supposed to be paid, so I expected payments to stop when my paid time ran out. (I did NOT bother to calculate when that would be!)
Finally, I was told before my leave that I was not ALLOWED to make any timecard adjustments while on leave. That was my boss's responsibility.
My responsibilty was to submit my medical paperwork, which I did.
So no, I was not being greedy and was not trying to be fraudulent. |
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solo
 |
Yes but they have to be reasonable in terms of how you have to repay it.
Unfortunately it is a debt if they can prove the mistake ... now if they miscalculated a bonus (without declaring the calculation) then tried to take it back that would be another story. |
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quatt47
|
Yes they can. The fact that it was paid in error is irrelevant. You must have know that you weren't entitled to it. When you say it's their 'mistake' are you sure? Quite often companies pay monthly and pay by direct credit for the month. If you finished working halfway through a month it may have been too late to recall the payment. If you keep the money your are guilty of theft on the principle of 'Stealing by Finding'. If you don't pay it back you could end up in jail. The choice is yours. |
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goober_head_13
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Yes they can do it, and they can even garnish your wages if you refuse. |
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creativereading
|
Yes. In your employee handbook (or whatever the case may be), they give explanation of how these things are paid. If there was a mistake on their part, you would have known if you looked to see it was correct. |
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Taze
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unforuntaly they have the right to charge you for overpaid wages. |
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everybody loves chris!
 |
yes they can
it will be in your terms of employment/contract |
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kentata
 |
Yes - and you should have paid it back in the first place. |
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dasmitchies
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That depends, is your Medical leave PAID? If it is then they can't charge you. If they paid you during your leave when it was unpaid they can hammer you good. |
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cirestan
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Yep, perfectly legal.
In fact you can be chraged with fraud if they think you knew about it. |
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bc_munkee
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Yeah, you owe them all of it. |
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Eye of Sauron
|
Talk to a lawyer... |
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acezx7
 |
Well, truth is, you were aware that they were giving you more than you should have been receiving, and you cashed it anyways....
Yes, they have every right to do so. They made a mistake, you should have alerted them to it, but your greed took control. Now youre screwed. Should have saved all that extra cash until you KNEW it was yours....
Good luck. |
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