 Tax rebate question? |
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if they lower taxes by lets say 1/2, wouldnt that be helpful for the economy since your keeping your own money and spending it?
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if giving checks is helpful why dont ... |
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i've only worked since september.. so do i file taxes or no.. and plus i have taxes i can file provided by my college
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 Renting our UK property out and moving overseas. TAX ? |
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princess | Overpaid at work and now work wants to be repaid for their mistake? |
I've been working at an electrical company in Texas as an apprentice for a little over a year now. The company I work for pays apprentices based on the scale of the job. I was working on a job where I got paid $16.06 per hour. I got moved on November 2, 2007 to a different job where the pay was $10.50 per hour. For all but one week since that time, they paid me at $16.06 an hour. My question now is that the company caught their mistake and asked me to sign a paper saying they could take out $100 a week from my check to pay the company back until the money is repaid. Is this legal? Should I have to pay for their mistake? What about all the taxes they took out at the higher pay rate? Since this was all in 2007 and it is now 2008, how is this going to affect our taxes? Please help...I need to figure this out. They already took $100 out of my check on Friday (we are paid weekly).
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I have direct deposit and honestly didn't realize they were overpaying me. I don't look at the check stubs because my spouse handles the finances in the house. I would've been honest had I known. I'm just worried that they'll be taking more back than necessary because of the taxes taken out at the higher rate of pay. |
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Spock (rhp)
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you need to read Texas employment law. I have the notion that Texas is a "right to work" state and so this is legal.
they'll take the $100 a week out before taxes, so your taxes should also go down. If they didn't/aren't, ask them to do it this way to straighten up the tax accounting -- since it saves them their portion of the social security, medicare, and unemployment taxes, they should be fine with this.
you do have a choice. you can quit and leave them on the hook for the error.
of course, their choice after that may be to become very quiet if/when you need a reference about your employment there -- something brief like " ... was here, won't be rehired." would warn all other employers off and be perfectly legal as I understand the law.
***
since you did benefit more than you should, the fair and honest thing is to pay them back. |
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Judy1
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Well, yes, if you were overpaid, they are certainly within their rights to expect to be paid back. I suppose if you had been underpaid and hadn't noticed and they'd caught it and told you about it, you'd have said no, just keep it? You didn't complain when you were getting the wrong amount that was higher. If you'd been honest about it then and told them about it, you wouldn't be in this fix now. And by the way, they wouldn't have had to have had you sign anything to let them take the money out of your future paychecks, and if you quit before it's paid off, they can sue you for it and win.
You aren't "paying for their mistake". You thought you were getting away with something you had no right to, got caught, and now you're complaining?
Your taxes this year will be lower to make up for the extra last year. There's no real way to fix that now for 2007 - they have to withhold taxes, and you are legally required to pay taxes, on the income you actually got in 2007, and it was the higher, although wrong, amount. |
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republican4life
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Why didnt you just speak up whent hey were making the mistake in the first place? Honesty would have went along way to avoid this whole mess |
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Beseder18
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Yes, you have to pay the money back. You knew that they were paying you too much and didn't speak up about it.
Do you itemize on a 1040? If so, the extra taxes on the money should be returned to you when you file your return.
However, you should make an appointment to talk to Human Resources in your company to answer the questions you have about taxes, etc.
Pay the money back. It is the right thing to do, and you want to be honest and above board in all your decisions. That will reflect well on you when you apply for your next job. |
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rorybellows
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I would assume it depends on management. If they want it back, they can take it. I work for an electrical comany in TX as well, who knows maybe we work for the same one. But anyways a co-worker of mine who was employed as a temp in 2005 quit her job, and her supervisor at the time filled in her last time card for her and entered 80 hours even though she hadn't completed the full pay period. She came back to work sometime in 2006, and after about 3 or 4 months she told me that payroll found the error and they were either going to give her 3 payments to pay back the money or decuct it in full from her next check. There apparently was no way around it and she paid it back in payments. I don't know if that's the same situation, but I myself began working an earlier shift and was supposed to lose my .64 cent differential pay but they continued to pay me the extra money for about 2 months. When I mentioned it to management, they changed it for next time and didn't ask for anything back.
Seems like a tough spot, you may be stuck paying it back. They might look at it as you being aware of the error and not reporting it.
Good luck either way. |
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momoftwo
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The golden rule
"The one with the gold rules"
So sad but true. If you file a lawsuit you can be black listed and wont be able to find work again. |
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Lux et Veritas et Veritas
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Did you sign the paper? Don't sign anything until you talk to a lawyer, or a lawyer replies on here.
I THINK that they can ask you to pay the money back, but they will have to help you get your taxes refunded by the government. Or else they should pay the taxes. You shouldn't "lose" anything from their mistake, so you shouldn't pay taxes on money you didn't earn. But, I think they can ask you to pay the salary itself back, within a reasonable time. |
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valerie_q
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You need to speak to your union rep. If your not unionized then I dont know what you can do. It doesnt sound fair but companies never are. Myabe you can talk to social services. They have alot of answers.
At my work they did something similar to me. For a whole year they didnt take any tax out of my check then when they figured it out they took out 3 lump sums to pay for theyre mistake. I was left with about $200 a paycheck (i normally get $900) i couldnt do much about it. |
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