Overpayment

[mcmillan06]

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

Hello, I was wanting a little guidance. I am a boilermaker, A few months ago I was asked to go to another plant and work as a foreman for a month. When I did so, my pay was bumped up. After working there for a month I came back to my plant. 2 weeks ago I noticed that I was still making foreman pay. My boss kept saying I was next in line for a full time foreman position so I didn't think much of it and thought maybe he kept it that way on purpose. This morning I was called to their office and obviously it was a mistake. He put it in to go back to my normal pay but someone obviously missed it and now they are wanting to take money out of each of my checks. I think that it was there mistake so I shoulden't have to pay it back. But I am not sure on the laws? Do I have a leg to stand on or do I need to just choke it up? Thank you in advance for any info.

 

[justalayman]

I think that it was there mistake so I shoulden't have to pay it back.

so in reverse if they didn't pay you enough, mistakenly, you would have no right to seek the pay you were due?



are you in a union?

 

[mcmillan06]

No, I am not in a union.

After thinking about it, yes, I would expect them to give me my money if I was under paid. I was shown a copy of the email by my boss from his boss saying that they would take $250 out of my check weekly until it was all paid off. I was supposed to also speak with him about it and he was not at work yesterday. This morning I get my check in the bank and I am about $700 to $1000 short. (I worked 14 hours over time last week) I don't mind paying it back if I have to but shoulden't they atleast let me do payments, or speak with me first about if it will put me in a financial bind or not?

 

[cbg]

Would it be nice of them to do so? Yes.

Are they required by law to do so? No.

 

[txmommy06]

Thank you very much for answering my question. I am hoping this just about pays it off and we can be done with it. I guess the only other question I have is, I am assuming that them saying $250 and taking well over the amount they said is no legal ground for me?
Again, thank you.

 

[cbg]

No, sorry.

 

[mcmillan06]

Thank you for taking time our of youre day to answer these questions.

 

[LdiJ]

Thank you for taking time our of youre day to answer these questions.

I would have a discussion with your boss about it since you don't want the risk that they will take it twice.

 

[I'mTheFather]

Hold on, did they provide a written accounting of what they will be taking and when? Did you sign it? Or, do you have a policy handbook that deals with repayment?

 

[mcmillan06]

LdiJ, will do. Thank you.


I'mTheFather
I am not sure about a policy handbook but I will look into it. I did not sign an agreement but I did read the email that the "main boss" sent to my boss saying they would take out $225 every check until it was paid in full. I just got my pay check stub and they took out a total of $938 this check. (Had over time but it left me with barely anything to pay my bills and get food for my famuily) I just don't see how they can tell me one thing then go behind my back and do another. I never signed anything because the main boss decided to not come into work yesterday so I could talk to him (I was told about the overpayment and needing to pay back on Monday right before I got off and was told to talk to him the next morning)

 

[cbg]

It's possible that this is a matter of miscommunication, rather than a malicious attempt to screw you.

 

[mcmillan06]

cbg, Yes, I am pretty sure that, that is the case. But it seems like miscommunication is how I owe the money to begin with.It's a little hard to not view it as a way to screw me with Christmas only a few weeks away and kids to buy for. My boss told the book keeper to knock my pay back down, she obviously didn't, they told her it was supposed to be $224 per check and some how she took out $900. I am not sure what is going on now, They are being as polite as possible. He called them and told them that, this was not the agreement. So I am guessing they will keep the $900 and just drop it down next week to $224 and I just get it paid off quicker.