California-Husband's Employer claiming Vacation Overpayment from Last Year

[Maxicat]

CA- My husband has been employed (non-exempt) with a major global security company for almost three years. Until last year, the policy was to automatically cash out and issue a vacation check on the anniversary date as they also have a "use it or lose it by the end of the year" policy (even though his date of hire was in November). When his check was not issued, he was told that he would have to ask for it, which he did. He was issued a check in early December (which he cashed). A few days later, he received yet another check. The payroll clerk was notified of the error, the check voided and returned the same day. Of note, regular payroll is via Direct Deposit and vacation pay is issued by paper check.

Today (9 months later), his supervisor came by the job site to inform him that he had been overpaid on vacation and would need to enter immediately into a repayment plan (never mind the check was voided and never cashed) or lose his vacation replenishment in November. It seems to me that the company has the burden of proof that he cashed the second one (which he didn't, as I personally voided it, scanned it and emailed a copy of the payroll clerk and mailed it). Additionally, as he did not cash the second one, there is the issue that he was taxed at 35% for income he did not actually receive.

What are his options in this situation? The payroll clerk in question is no longer with the company (Gee, wonder why?) Any help greatly appreciated.

 

[cbg]

I would strongly suggest that he run this issue past the CA DLSE. CA has very strong views on employers who utilize self-help methods. Those views are not favorable.

That is not to say that if he really was overpaid (and I have no way of knowing if the check he cashed in December was correct) that he's entitled to profit by their mistake. If he really was overpaid, then he owes it back. But he's entitled to an accounting of how they arrived at their conclusion, and there are limited means by which any potential overpayment can be required. And of course it goes without saying that he shouldn't have to pay anything back if there was no overpayment to begin with.

 

[Maxicat]

Thanks!!

I would strongly suggest that he run this issue past the CA DLSE. CA has very strong views on employers who utilize self-help methods. Those views are not favorable.

That is not to say that if he really was overpaid (and I have no way of knowing if the check he cashed in December was correct) that he's entitled to profit by their mistake. If he really was overpaid, then he owes it back. But he's entitled to an accounting of how they arrived at their conclusion, and there are limited means by which any potential overpayment can be required. And of course it goes without saying that he shouldn't have to pay anything back if there was no overpayment to begin with.

The first check was correct (80 hours). What they are claiming is that he was paid for another 80 hours a few days later. They did issue it in error.
He never even saw the second check, as it was voided and sent back the same day by yours truly. I will pass on your advice to him to request an accounting. I am just wondering if the now-former payroll clerk got it back and did not bother voiding it in the register to cover his own backside. He had asked me to mail it to his attention, so that is plausible. In either case, it seems as if the check had huge letters "VOID" scrawled across the front of the check and a huge X from corner to corner, it couldn't be cashed and they would realize it by simply seeing that the check with that number was never negotiated. This is a multi-billion (Yes, with a B) dollar corporation with a high admin/management turnover in the branch office.