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DJS | If an employer paid too much vacation pay, can we deduct the overpayment from the employee's paycheck? |
We overpaid vacation pay to an employee. Can we deduct this overpayment from the employee's paycheck? |
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Kokopelli
|
I don't see why not, if it was a legitimate mistake. But before you do that, make sure that it is explained to the employee so it is expected and does not come as a surprise. Also, depending on what the amount is, it might be a good idea to spread the deduction out of a few pay periods, or if the employee gets overtime, to deduct it from the overtime. The thing to remember is that a sudden, much smaller paycheck could impose a financial burden through no fault of the employee.
A fat paycheck is never a problem, but a very skinny one may very well be. |
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Charlie
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Well there is probably a regulaton you are supposed to follow...but from experience, yes. A few years ago the hospital where i worked over paid a large group of people on their differential fro management duties. They deducted the overpayment from the next checks. |
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A.Mercer
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I would say yes. If you had accidentally overpaid them for anything else then you are entitled to the money back. If it is a true error then you should be able to deduct the money from a future paycheck. If the employee will no longer be getting paychecks from you, you could possibly go to court to get the money back but you would probably spend more to get it than what it is worth.
This is similiar to if a bank had made a mistake and put money into your account that should not be there. I have known a couple of people who got into trouble because this happened to them and they spent the money and tried to argue that it was the bank's fault and that they were not liable to return the money. The found out that even though the bank goofed in putting the money there, it was not their money.
Finally, think about this. Is getting this money back worth losing the employee? There is always the chance that the employee will quit because of this. Some employees are valuable enough to overlook instances like this. However, beware. If you bend the rules once, it will set a precedent and any employee can expect you to do the same for them. |
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skip
 |
I agree with the answers above - in summary, yes but think about the effect on the employee.
However, please also check to ensure that there is no state law which prohibits or (more likely) restricts your ability to recover. If the amount was large, your state may require you to recover it by installments. |
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tom4bucs
 |
probably - I would give the employee a letter of explanation PRIOR to that corrective paycheck being distributed.
Note the error, amount that should have been given, and apologize for the mistake. Notify them of the amount of the next check that will have the correction so that the employee can prepare their finances.
best of luck |
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Teesip
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The employee did not earn the money and yes the employer can deduct it from the employee's pay. The employee knows he was overpaid and should have brought it to his employer's attention so it could get corrected Now he shouldn't have a b*tch if they take it back. |
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SKYDOGSLIM
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sure can |
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penpallermel
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You should be able to. However, it must be stated clearly in the employee's contract what the vacation pay is. If this is the case, then you can deduct from the person's paycheck. You should put a note in there saying why you did this and what the reasoning is as most employees will check to see if you're correct. |
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