Overpaid??

[fdip9084]

What is the name of your state (only U.S. law)? Virginia

I worked for a temp agency for the last 11 months. For seven of those months I was paid for my lunch breaks. I filled out my time sheets separating billable and un-billable time. I was never told this was incorrect. The systems I was using was inadvertedly counting all of my time and reporting it as time worked (billable time). Now my site supervisor reviewed my timesheet and approved it. I then went to my temp agency that paid it. Now this agency has come to me after discovering this mistake and wants me to pay the money back...to the tune of 1400.00 dollars. I realize that they did overpay me for this time, but I do not believe it was my fault. Also if they sue me it will not be for the falsification of a timesheet, just for the fact that I was paid more than I should have been and that money would like to be recouped. Which confuses me more because I did not pay myself, they paid me incorrectly. If my timesheet was correct, why and I being punished for someone else's mistake? Please help! I am looking at them filing suit on February 16, 2011! Thanks in advance for any help that can be offered.

I'm willing to go to court, but when i spoke with them they said that if I lost in court (and they said they were 99.9% sure that I would lose) that this would be a black mark on me for everything I choose to do in the future applying for jobs, apartments, and it would create some sort of record? But this seems to me like a civil issue that would be settled in small claims court? As you can see I am very confused and would love to be enlightened. Thanks again!

 

[pattytx]

It doesn't matter whose fault it was. You were paid for time you didn't work. The attorneys you spoke with are correct; if the employer sues you for the overpayment, you will lose.

Civil law suits are a matter of public record. I'm not sure how much of a "black mark" this would be on your "record", but if a prospective employer does an extensive enough background check, they will find it.

Why did you think you should be paid for your meal period in the first place?

 

[justalayman]

it would likely end up on the OP credit report and I guess that is becoming more and more of a source of info for employers.

I would pay it or make arrangements to pay it to avoid having it going to court.

 

[fdip9084]

I don't know why everyone think I was trying to be paid for more than I worked. It was a flaw in the system that wasn't my fault. If my time sheets should have been filled out that way should someone have noticed before approving them, and recouped those funds then and there?

 

[fdip9084]

Also, is it a good idea to go to court or a mediator so that this can be put in some kind of record instead of backdoor agreements within the agency? Because I don't see what would stop them from doing this again in the future.

I really don't understand when you say it doesn't matter whose fault it is. So, hypothetically, if someone was adjusting my time internally and I was being paid over, then it would be my responsibility to pay that as well. Once again this is a hypothetical just so I can understand this process.

 

[pattytx]

The employer doesn't have to submit this to mediation. Of course, the person approving your time sheets should have said something to you. But they didn't. That doesn't give you the right to keep the money. If you know you worked 40 hours and they paid you for 42.5, I would hope YOU would have said something the first time it happened.

Will they consider a repayment agreement?

 

[fdip9084]

They are considering a repayment option, and I don't mind doing so. BUT, when I go to do the paperwork it will only be me, and 4 people that work for the agency. I want to make sure that it's all legitimate. I want to be able to pay the money move on and know that they won't come after me for more funds. Is it too much to ask if I ask that after figuring the amount I currently was overpaid that there are no outstanding fees that I need to pay, and that after this amount is paid that no further contact is to be made between myself and this agency? Also, should I bring someone to the meeting with me as a witness? I am simply not comfortable paying this amount of money and the only person knowing about it is me and them. Sorry, one more question, instead of receiving a copy of whatever I sign, should I ask for two copies of the document to be printed and notarized so that I have an official copy for my records?

 

[TinkerBelleLuvr]

A repayment plan also needs to address the W-2 issue - 941s, etc have to be corrected. It isn't as simple as they make it sound.

 

[pattytx]

A repayment plan also needs to address the W-2 issue - 941s, etc have to be corrected. It isn't as simple as they make it sound.

Well, as long as any of the repayment occurs in a year subsequent to the year in which the overpayments occured, doesn't matter whether its a repayment plan, or repayment in a lump sum.

 

[applecruncher]

Just curious – what made you think you would be paid for your lunch breaks? Temp agency time cards are usually very explicit about breaking out time actually worked vs. lunch break time which is deducted. On your timecard did you indicate that you didn't take a lunch break when in fact you did?

 

[pattytx]

Just curious – what made you think you would be paid for your lunch breaks?

My earlier point exactly.

 

[fdip9084]

Nothing. Nothing made me think I should have been paid for my lunch breaks nor did I think I was being paid for my lunch breaks. I separated my time by billable hours (the hours I was actually working) and Non-billable hours (the hours I was at lunch); NON-Billable--not to be billed for. The system did not take out my lunch hours (Non-Billable hours) it calculated them in with all of my other time without my knowledge. Now I understand that all of you veterans in workforce look at you paychecks with a fine tooth comb, but think was my first job out of college and every paycheck (and I literally mean EVERY PAYCHECK) went to covering a bill (student loans are no joke.). If I had anything left over it would put 10 bucks of gas in the tank or some food in the fridge. I didn't pay attention because I was barely "making it" anyway. So it is partly my fault that I wasn't going behind my employers and checking my paychecks (I accept that). But it is still partly my employers fault for not showing me how to put in my time correctly, it's partly the vendors fault for approving timesheets that were incorrect. I am not a person that is lazy and apathetic enough to believe that I should be paid for when i do not work. I want to make that abundantly clear.

I guess my real question was did I have case since technically (and the staffing agency agrees) that my timesheets were correct. But I was overpaid by a glitch in the system, I don't believe the glitch is my fault. But Patty explain that it doesn't matter where the glitch occured, rather that the glitch led to an overpayment, and since I received the overpayment (though not completely my fault) I am responsible for the repayment.

Now what is this thing that I should be aware of regarding my W-2's?

 

[pattytx]

For the portion of the overpayment that occurred in a prior year, you have to pay back the gross amount (not the net) and, at that time, you should get a W-2C for 2010.

 

[applecruncher]

Nothing. Nothing made me think I should have been paid for my lunch breaks nor did I think I was being paid for my lunch breaks. I separated my time by billable hours (the hours I was actually working) and Non-billable hours (the hours I was at lunch); NON-Billable--not to be billed for. The system did not take out my lunch hours (Non-Billable hours) it calculated them in with all of my other time without my knowledge. Now I understand that all of you veterans in workforce look at you paychecks with a fine tooth comb, but think was my first job out of college and every paycheck (and I literally mean EVERY PAYCHECK) went to covering a bill (student loans are no joke.). If I had anything left over it would put 10 bucks of gas in the tank or some food in the fridge. I didn't pay attention because I was barely "making it" anyway. So it is partly my fault that I wasn't going behind my employers and checking my paychecks (I accept that). But it is still partly my employers fault for not showing me how to put in my time correctly, it's partly the vendors fault for approving timesheets that were incorrect. I am not a person that is lazy and apathetic enough to believe that I should be paid for when i do not work. I want to make that abundantly clear.

I guess my real question was did I have case since technically (and the staffing agency agrees) that my timesheets were correct. But I was overpaid by a glitch in the system, I don't believe the glitch is my fault. But Patty explain that it doesn't matter where the glitch occured, rather that the glitch led to an overpayment, and since I received the overpayment (though not completely my fault) I am responsible for the repayment.

Now what is this thing that I should be aware of regarding my W-2's?

What you did with your paychecks (bills, living expenses, student loans, etc.) is irrelevant. I’m also not buying the “this was my first job” (naïve) excuse.

Scrutinizing our paychecks? I don’t know what the heck you’re implying. Most people know what they are earning and they look at their paycheck – especially if it’s their first job – to make sure they are being paid what they should be.

A paystub from a temp service clearly indicates the number of hours worked/being paid for.

Whether it was because of you not looking at your own paycheck for several months or some mysterious “glitch”, if you were overpaid you owe them money. If they can prove it – and I'm sure they can – they will get it back from you at some point in some way if they choose to pursue it.

 

[mlane58]

I would ignore them asking for the money back given the time period you took a paid lunch w/o them noticing it.

REALLY BAD ADVICE and you really think the company will just bend over?

To win in court, they would likely have to drag the company (their client) into court to discuss their paid or non-paid lunch policy. Chance of that happening: zilch.

The staffing agency doesn't have to drag anyone into court to win. The OP was overpaid and should have known they were being overpaid. Stop giving advice when you have no idea what you are talking about.