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2nd letter stating overpayment of last check

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pithhelmet8669

Junior Member
What is the name of your state (only U.S. law)? Florida

I formally worked at a LARGE banking company - im sure you have seen them in the media over the past few years - 9 billion repayment to the us gov.

I turned in my 2 weeks notice. Still performed work until the last day (even a few phone calls after from coworkers asking for help -this is all verified through VPN access logs and phone records)

Moved to a new city right after ending with the company - I continued to receive calls from my boss after i moved (almost a week later) verified through phone records.

I received a letter from them (to my old address) with the yellow forwarding sticker saying second attempt.

The letter says they overpaid me - with out any written documentation or proof. and want me to pay some money back.

Two points - i have documents showing me answering the phone calls AFTER i finished my two week notice, and turned in my laptop.
I have VPN records of me performing duties online during my two week notice.

I was being paid a salary. if i work 1 hour or 60, they are to pay me for the week that i worked.
At the end of the week, we settle up, you cut me a check for the agreed upon salary amount for the week and we start again next week, until we decide to part ways.

Now they want to get some money back - not sure how they can justify this route of action. If your payroll crew is that sloppy and mismanaged - then you are at fault - you have no right to try and punish employees for your mistakes.

I was not allowed to use my vacation time, i was always on call, and always answered the phone calls. My boss made sure i was always in contact with the offshore team,
and the hours they kept were 8 hours earlier than me (they are in india, i'm in florida) so i was always on calls with them, and if i wasn't on call, then i was instant messaging with them.

Like i mentioned - i was on salary, and i was paid for the week, if i worked one hour or sixty, i am to be paid for the week.
(i know what your thinking, hourly until forty, salary after 40). remember - four weeks vacation time promised, five sick days promised, 16 banking holidays.

Am i right to request a formal record of all hours worked, VPN access records from them, phone records from them, and logged in and logged out records from the computer system (basically hours worked) as well as access records into and out of the building?

Mind you - i do not have a problem with paying back legitimate over payment - but i am not going to just roll over and let them extort monies from me based on some no proof letter.

am i wrong for taking a stance on this?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

I formally worked at a LARGE banking company - im sure you have seen them in the media over the past few years - 9 billion repayment to the us gov.

I turned in my 2 weeks notice. Still performed work until the last day (even a few phone calls after from coworkers asking for help -this is all verified through VPN access logs and phone records)

Moved to a new city right after ending with the company - I continued to receive calls from my boss after i moved (almost a week later) verified through phone records.

I received a letter from them (to my old address) with the yellow forwarding sticker saying second attempt.

The letter says they overpaid me - with out any written documentation or proof. and want me to pay some money back.

Two points - i have documents showing me answering the phone calls AFTER i finished my two week notice, and turned in my laptop.
I have VPN records of me performing duties online during my two week notice.

I was being paid a salary. if i work 1 hour or 60, they are to pay me for the week that i worked.
At the end of the week, we settle up, you cut me a check for the agreed upon salary amount for the week and we start again next week, until we decide to part ways.

Now they want to get some money back - not sure how they can justify this route of action. If your payroll crew is that sloppy and mismanaged - then you are at fault - you have no right to try and punish employees for your mistakes.

I was not allowed to use my vacation time, i was always on call, and always answered the phone calls. My boss made sure i was always in contact with the offshore team,
and the hours they kept were 8 hours earlier than me (they are in india, i'm in florida) so i was always on calls with them, and if i wasn't on call, then i was instant messaging with them.

Like i mentioned - i was on salary, and i was paid for the week, if i worked one hour or sixty, i am to be paid for the week.
(i know what your thinking, hourly until forty, salary after 40). remember - four weeks vacation time promised, five sick days promised, 16 banking holidays.

Am i right to request a formal record of all hours worked, VPN access records from them, phone records from them, and logged in and logged out records from the computer system (basically hours worked) as well as access records into and out of the building?

Mind you - i do not have a problem with paying back legitimate over payment - but i am not going to just roll over and let them extort monies from me based on some no proof letter.

am i wrong for taking a stance on this?
You certainly are not wrong that they need to prove that they overpaid you. In fact, proof really should have been included with the letter.
 

eerelations

Senior Member
You shouldn't be going to all the trouble of turning over your email records and VPN stuff and whatnot until you know exactly how they think they've overpaid you. Call them and ask for an explanation. After you've received said explanation, call them again to describe any issues you have with said explanation.

And please note that the while the FLSA does require employers to pay exempt employees full weeks, it does not require employers to pay departing employees a full week if they stop working for their employers during a week. So if, for example, you finished working for them on Tuesday, they are only required to pay you up until the time you left on Tuesday.
 

eerelations

Senior Member
Now they want to get some money back - not sure how they can justify this route of action. If your payroll crew is that sloppy and mismanaged - then you are at fault - you have no right to try and punish employees for your mistakes...am i wrong for taking a stance on this?
Yes you are wrong here. They have every legal right to get back whatever money belongs to them. If they indeed overpaid you and then sued you in court, they would win. Period.
 

LdiJ

Senior Member
Yes you are wrong here. They have every legal right to get back whatever money belongs to them. If they indeed overpaid you and then sued you in court, they would win. Period.
Assuming that they can truly demonstrate that. Sometimes, with larger companies like these their assessment of an overpayment can be erroneous. They rely so heavily on computerized records that mistakes can happen. It can be as simple as human error in inputting a termination date.
 

eerelations

Senior Member
Assuming that they can truly demonstrate that. Sometimes, with larger companies like these their assessment of an overpayment can be erroneous. They rely so heavily on computerized records that mistakes can happen. It can be as simple as human error in inputting a termination date.
Note that I said "If they indeed overpaid you..."
 

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