overpaid

[askaquest]

What is the name of your state? IN, employer in NV

About 4 years ago, I was overpaid by my employer for about 6 months. I told them about it when it first happened and the accounting department said they were right. They still kept paying me. I don't work for this company anymore, can I get into any trouble over it?

I actually feel bad about it and have considered sending the money back becuase they do not think I deserverd it. Would that have any reprecussions?

 

[cbg]

It depends on what you mean by get into trouble. Since you clearly would not object to paying them back if they asked for it, there would be no legal implications for you, if that's what you mean. But at the same time, if you mean can they now come back and ask you for the money if they discover you were right, the answer is yes they can.

There would be no legal repercussions to you sending the money back. There might be tax implications. It's a nice thing for you to think about, and I'm happy to see someone who is honest enough to be thinking about it instead of demanding to know why they don't get to keep the money since it was the employer's mistake, like so many others do. Because of the possibility that your taxes could be affected, I'd discuss it with an accountant before you actually wrote the check.

 

[askaquest]

They knew about the money when I left the company. We had a big discussion with accounting, hr, ... I am just wondering if they decide that they want to contest it now, or some time in the future, what are the implications. Specifically, are there ciminal charges that can be brought. I am "white bread" when it comes to this kind of stuff, I don't want to have to go to court.

I have the money to pay them, I wouldn't fight them on it.

If I did contact them to send the money back, that is not like an admission of guilt, is it?

 

[cbg]

There are no criminal charges to be brought. You did not defraud them of anything; you did your best to point out the error and they paid no attention. There's no "admission of guilt"; you did not take the money without their knowledge and you've already tried to give it back and they refused to take it.

At this point, I don't think you have to take any further action. You've made a good faith effort. Unlike most of the "overpaid" posts I see, you've done everything they could reasonably expect of you. The fault or guilt is not yours. As far as I'm concerned, you can sit back and relax, and I don't tell that to the people who are trying to keep money that is not theirs.

That doesn't mean that if they come and ask for it back you don't have to give it to them. If they come looking for it, you need to give it back. But you already know that and are willing to do so.

Quite frankly, I wouldn't take any further action on this unless they do. Federal and state taxes have already been paid on this money and it would be a mess to sort it out. If you'd never taken any action to try to give it back to them I wouldn't be saying this. But there's a point at which you have to give up and say, Okay, I tried.

If it is really bothering you, however, and you really want to send it back to them, it's not going to land you in any kind of trouble. You broke no laws. But you'll want to have an accountant work with you on it because of having to reverse the taxes. I know from experience that's a mess (my company's payroll service used to pay taxes to the wrong state about half the time we transferred an employee, so I've BTDT). But if you're concerned about getting into legal trouble about this, don't. You won't.

 

[JETX]

I would suggest that you send them a very nice letter, probably to Human Resources, by certified RRR.
Include:
- a statement something like, "If you will remember when I left, I raised the issue of the company having overpaid me. At the time, you said that was not the case (or whatever they said).
- ask that they confirm that there wasn't an overpayment on their part. You might even ask "Have you had a chance to review the issue that I raised as to possible overpayment?"

See if they respond. If they do, and claim that no overpayment existed. Great. If they say that they have checked into your concerns and there was in fact an overpayment, see if you agree on the amount and make payment. Pay by check and keep a copy.... or get a written reciept.

 

[bruce richards]

too bad

thats right, too bad for them. You let them know about the mistake when it took place and that is good enough. They insisted that they were right.

 

[calatty]

Plus, the statute of limitations for any prosecution has probably passed.