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Shagger | I've been overpaid, am I legally obliged to return extra money? |
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Wendy H
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As you asked this in the UK it refers to UK employment law.
What can be deducted from your pay?
Your employer is not allowed to make a deduction from your pay unless:
your contract says they can - and your employer has given you a written copy of the part of the contract which says so, or a written explanation of it, before making the deduction
it is required or authorised by law, such as income tax, national insurance or student loan repayments
you have agreed in writing to a deduction before the conduct takes place for which your employer proposes to make a deduction
If you were overpaid on a previous occasion then these rules do not apply. Your employer will often be allowed to recover the overpayment. You should speak to a lawyer, an Acas advisor or a Citizens Advice Bureau advisor for more information about how and when you might be able to prevent your employer from taking back an overpayment.
Other situations where the rules don't apply include if you took part in industrial action or if a deduction is made under a court order. Whatever the situation, your employer must still comply with the terms of your contract.
If you haven't been paid at all, this counts as a deduction from your pay of all the pay due to you.
The right to protection from unauthorised deductions from pay covers anyone who is classed as a worker. 'Worker' has a specific legal meaning - check if you are unsure of you employment status. |
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taxed till i die,
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It is the right thing to do. |
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AXMatt
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No but they can and most likely will ask for it back! |
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bigyahbob696
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I was overpaid once. In several years the government will com looking for their money back. They will garnish your checks for the money PLUS all of the interest over the years. Which, somehow, is a lot higher than the interest you could ever expect to make from saving in a bank.
So yeah, it happened to me. It will probably happen to you. |
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Peaceful Joy
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Depends on who overpaid you. If it is the bank, they will figure it out and pull the money back out. If it is your employer, they may or may not find out. What about ethics and morals here? Don't you want to return money that isn't yours? |
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bud
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if it`s your wage you have been overpaid for then yes, the wage staff will realise what they have done so its best to tell them before they find out, you don`t want a bad reference next time you go for a job. |
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serendpity069
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no give it to me!
actually you are but stick it in a hi interest account and get them to take it back a tenner a month! |
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Rhu
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Yes - it is not your money. However, you can keep any interest that you have made while it's been sitting in your bank account |
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Feelin' fine in '09
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100% yes. |
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willow glitter
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Yes you are sorry x |
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syncmaster
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Well it depends not all people and companies are the same you should be responsible and say something because eventually they will find out and ask you for the money back. This actaully happend to me, I was working a part time job at Macy's I was only working 20 hours and making like 7.50 an hour, one day I noticed that I had a full paycheck from them 40 hours worth deposited into my bank account I was in your shoes did not know what to do but then I told my self they probably mixed up ours checks and I got someone's hard earned money and they got mine, at first I thought it was my mom's because she worked there too but she checked and had all her money. So I did the right thing and told HR department and guess what because I did the right thing and told them she let me keep all that money to use with my son on christmas. It also happend another time after that and again she let me keep it because she knew I could use it. I think she was just giving me that money because she knew I needed it, it could be a test so becareful, your boss maybe testing you as an employee to see if they can trust you, what if they are trying to promote you or something? There are alot of things to think about. This same thing may not happen to you (about letting you keep it )but you should do the right thing and say something. |
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rachelobrien2000
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no your not legally oblidged to give it back but it is more then likely they will realise their error. then they are legally oblidged to back it back without any notice so be careful because it could come back and bite you in the a***!!! |
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Nick P
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Yes but I see no reason why you should tell them, let them find out. In the meantime keep money and don't spend it. Check that you have not paid extra tax and national insurance as well - if you have make sure it is also dealt with when they get monaay back. |
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hfp22
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Yes you are obligated once you realize it. And I wouldn't hold on to it because they may charge you a fee for the overpayment. If this is a paycheck, they will either ask you for it, or they will electronically have it withdrawn (you probably gave them the right to do this when you signed employment paperwork), or they will deduct that amount from your next check. I would voluntarily return it immediately. They will find out sooner or later. |
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PinHead
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depends on the circumstances in which you have been overpaid and if they have asked for it back or not |
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MICHAEL B
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If you value your job then tell your employer. |
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Choo Choo
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Not unless you are notified. It may be a bonus. |
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