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Overpayment of wages

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patti077

Junior Member
What is the name of your state (only U.S. law)? Kentucky
My company requires that we all have direct deposit of our paychecks, last week on the day before our checks were deposited they posted a notice by the time clock that said the company who does payroll had made a mistake and that we would receive a deposit from the last payday as well as our payday this time and that they would be removing the first deposit but the second was correct. The next day which was payday we had two deposits and we knew the first was from the previous pay period and that it was to be taken back out and that was fine. I knew that the second was to much and I have automatic bill payment so I only used what I knew I would make because I assumed that they would take out the amount that I was overpaid and that was fine by me. I work 2nd shift so I of course paid my rent before I went to work but when I went into work at 2pm there was another notice hanging on the time clock that said they were taking both deposits out of the bank and we would be responsible for any overdraft fees that were incurred. Now keep in mind I had just had $300 automatically taken out of my account for my electric which is set up to automatically be taken out of my account. They were suppose to issue us paper checks and that was fine considering I could deposit that check into my account and it would take care of everything. At 8pm that evening we still hadn't received a check so the owner paid us in cash and that was ok until I realized that he had overpaid me again, when I mentioned it he told me they would just deduct it out of my next paycheck and I was ok with that. They took the first deposit out of my bank account on July7th and they had overpaid me July 3rd. It was fine by me but they waited until July 10th to try and withdraw the second deposit and since I have automatic bill payment it was $200 short so when they redeposited it back into my account they took the $200 plus two overdraft payments of $36 a piece for the overdraft fees. My bank account is froze because of fraudulent activity and I can't touch it until it is straightened out. My question is that I know the overpayment has to be repaid but can they take my entire check to do it or do they have to leave me some money each pay day to live on? I don't mind them taking $50-$75 out of my check each payday to repay it but I am a single mom with two kids to house, cloth and feed as well. Before anyone says that when you noticed it you should have taken it out and taken it back which I would have done if it had not been a holiday weekend and banks were closed until the following Monday and by then my bills had been automatically taken out of my account.
 
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cbg

I'm a Northern Girl
Your employer may legally reverse a deposit. They may not legally reverse only part of a deposit. It's all or nothing. They may not, legally, reverse only the amount of the overpayment.

I'm going to see if I can get a responder who works in banking to assist. Please stand by.
 

patti077

Junior Member
Your employer may legally reverse a deposit. They may not legally reverse only part of a deposit. It's all or nothing. They may not, legally, reverse only the amount of the overpayment.

I'm going to see if I can get a responder who works in banking to assist. Please stand by.
My thing is none of us knew about the second deposit until we clicked in for work and by that time many of us had bills that were going to be automatically taken from our accounts and the reversal didn't happen until 7 says later which messed up many of our accounts. I know the money has to be paid back and that is fine but can they take our entire next check to do so or do they have to leave us enough to live on?
 

Zigner

Senior Member, Non-Attorney
How did it mess up accounts? You expected $XXX, but you got $XXX + $XXX. Knowing that the additional $XXX wasn't yours, you shouldn't have spent it. If you wouldn't have spent it, there would be no overdrafts.
 

LdiJ

Senior Member
How did it mess up accounts? You expected $XXX, but you got $XXX + $XXX. Knowing that the additional $XXX wasn't yours, you shouldn't have spent it. If you wouldn't have spent it, there would be no overdrafts.
But that isn't what happened Zig...they reversed BOTH deposits.
 

Zigner

Senior Member, Non-Attorney
But that isn't what happened Zig...they reversed BOTH deposits.
He got paid 3 times - once in cash. He never put the cash in the bank. The OP is complaining about how long it took, not how much they took.
 

cbg

I'm a Northern Girl
My banking friend had trouble logging in but this is what she said:

But you are correct, it is all or nothing. It looks like even though there was a ton of confusion she over spent somewhere. She might ask her employer to help her by paying the NSF fees but that is it. Also. The fact that her account is frozen is suspicious. Banks don't totally freeze accounts did to fraud unless the account owner is involved in the suspicious activity.
 

patti077

Junior Member
[HR][/HR]


Lord never mind it's fixed. You people expect everyone to be thieves! I did put the money back but my account was marked as fraud where so many deposits and reversals were happening and by the way if you would have read my name you would have been able to tell that Patti is a girl and not a guy!
Thanks cbj you are the only one who understood the problem!
 

cbg

I'm a Northern Girl
We had someone the other day who used the screen name of John but talked about being pregnant, if I recall.
 

Zigner

Senior Member, Non-Attorney
Back in the day when I was allowed a signature, I made a statement to the effect that my reference to any gender applies equally to the other gender. It doesn't matter if you're a girl or a guy (in this case.)
 

Antigone*

Senior Member
[HR][/HR]


Lord never mind it's fixed. You people expect everyone to be thieves! I did put the money back but my account was marked as fraud where so many deposits and reversals were happening and by the way if you would have read my name you would have been able to tell that Patti is a girl and not a guy!
Thanks cbj you are the only one who understood the problem!
No way a bank froze an account due to too many ACH deposits and reversals of those ACH credits. OP, you were never tagged as a thief but if that's the label you want to put on it then there is another thing that makes me say "hmmmm."


To all my FA Friends. I've missed you all a bunch but work has me slammed!
 

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