• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

company requesting overpaid wages to be paid back! (2 1/2 yrs later!)

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

worried_tenant

Guest
What is the name of your state? CA

In October of 2001, I worker for a large telecommunications company. I was on state disability at the time and a certain percentage of my monthly pay was provided by SDI and a certain percentage was paid by the employer.

I called the employer during this time frame to verify that I was being paid the correct amount of money because I received a check that was somewhat confusing. I was told everything was accurate and that I could cash the check.

Just a few weeks ago, I received a letter from the company stating that they have overpaid me by $296.07 (I have all my paystubs and do not see this amount on any ONE particular check) and that if I did not repay them, that it would be sent to collections. I immediately called the number on the letter and was told there was no statute of limitations on this type of thing. The representative said that my case would get referred to my "investigator" and that the investigator would return my call. I have never received any such call.

I called again today and was transferred to this "investigators" voicemail, which stated explicitly that she does not return phone calls!

I have spoken to a lawyer who is a friend of the family and he states that there is a statute of limitations and it is 4 years. Unfortunately, they are within this time frame. However, on the letter they sent, they indicated that overpayment occurred in February of 2002. This is not accurate, as I left the company in November 2001. The first person I spoke to when I initially called said that the February date is the date they "discovered the error".

The lawyer said that they are required to "notify me within a reasonable amount of time" from the time they discover their error. I don't feel that 2 1/2 years a reasonable, especially considering I contacted them in October 2001 to verify I was being paid correctly.

I was told today that becuase my case has been "referred to the investigator" that it will prevent my case from being sent to collections. I asked for this in writing and the company refused.

I don't have this money!

What can I do?

Can I send them a letter with an check enclosed for half the amount, and then stipulate that negotiation of the instrument constitutes their agreement to accept partial payment of the funds?

Can they charge me interest if I make monthly payments? Are they required to disclose this to me?

Any assistance is appreciated. Thanks
 


Beth3

Senior Member
Sounds like the company just went through a payroll audit.

Have you requested that the employer provide you with an accounting (i.e. proof) that you were overpaid? That would be the first thing I'd do.
 
W

worried_tenant

Guest
No, I have not. I don't really need that information, as I have all my paystubs. This dollar amount is not on any one particular check.

Can you answer my specific questions that are at the bottom of my original post?

Thanks.
 

Beth3

Senior Member
What can I do? You can ask them for an accounting showing exactly where and when you were overpaid. If you don't feel the need or feel the paystubs are adequate, that's up to you.

Can I send them a letter with an check enclosed for half the amount, and then stipulate that negotiation of the instrument constitutes their agreement to accept partial payment of the funds? Sure. I doubt they'll agree to that but you can try.

Can they charge me interest if I make monthly payments? Are they required to disclose this to me? If you want to negotiate the terms of repayment, you need to discuss that with your employer. They can't charge you interest unless you agree to pay that in exchange for being allowed to make monthly payments.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top