overpayment payback

[rsiler]

undefinedWhat is the name of your state?
California
I switched positions at my workplace. Since then payroll has made may errors with my check. Each time I called letting them know they were overpaying me by not taking money out for my benefits. I am leaving in six weeks and I called them again to let them know. Now thay want to take more than half of my paycheck to pay them back. Even though we had reached a compromise to split the cost they renigged and are taking more than I can afford leaving me nothing to live off of. I called them various times to straighten this out. Do I really have to suffer for their incompetence? Thanks.

[pattytx]

Did you sign an agreement regarding the terms of recovery of the underdeducted amounts? If not, you are probably out of luck. You knew the deductions were under-withheld, you could have socked that money aside for when the time came (and you had to know it would come eventually) that the employer discovered the mistake and tried to rectify it.

[rsiler]

Actually my big mistake was not getting agreements in writing. I called every time and tried to give the money back. So no I did not sock the money away. And as I said before, I brought this to the attention of my employers. They never noticed. I finally got their attention by asking for managerial hep with the issue. Each time I talked with this particular person in payroll she said she would send an e-mail or that she would right the situation by the nexy payperiod and they would forgive me of the overamount.

[HomeGuru]

Originally Posted by rsiler

undefinedWhat is the name of your state?
California
I switched positions at my workplace. Since then payroll has made may errors with my check. Each time I called letting them know they were overpaying me by not taking money out for my benefits. I am leaving in six weeks and I called them again to let them know. Now thay want to take more than half of my paycheck to pay them back. Even though we had reached a compromise to split the cost they renigged and are taking more than I can afford leaving me nothing to live off of. I called them various times to straighten this out. Do I really have to suffer for their incompetence? Thanks.

**A: it appears so since you have already spent their money.

[rsiler]

Actually, I spent the money they told me I would not have to pay back. I was willing each time I called to reimburse, however, I had two different members of that office say they woul forgive the money since it was their error and that they would fix the problems. Unfortunately, the problems were not fixed and meanwhile money the total amount is growing. They only realized the error because I called them!!!! It appears that the senior members who respond to these postings are very quick to judge. I have been reading some of the responses and have noticed it is difficult for the original poster to get all of the information in (in my case for fear of being too long with your valuable time). I came seeking advice on what is legal and fair for my situation. I never tried to extort money from my employer. I let them know each time that problems existed. They made agreements to split the cost and then deducted money from my paycheck leaving me with a whopping two hundred dollars to support myself and two children. I would not be seeking free advice if I made tons of money. I am an honest and forthright employee who notified my employer of serious issues they then mishandled as well as misled me regarding repayment. I do appreciate social services and helping others out. I work in a non-profit with high risk teenagers. So I very much appreciate what this site could offer to others. I do not believe I have posted anything in my information that should make anyone feel as though they should slap my hands. Thanks but no thanks.

[pattytx]

It appears that the person who told you the overpayment would be forgiven was either mistaken or not authorized to make that decision, or the company just changed its mind, for whatever reason. Either way, although it is poor communication and, perhaps, poor management, the employer requiring repayment is not illegal.

[rsiler]

Actually, they are because it creates an undue hardship. I wrote a letter summarizing the events and told them I was in touch with Fair Labor lawyers. I was cut a check within hours and sent a breakdown of the original agreement. Wow, was I relieved. It seems fair for me to split the cost considering I notified them. In any case, I have also recently learned one is able to call the Labor Comission to settle these types of disputes.