Salary Overpayment Question

[roboctopus]

What is the name of your state (only U.S. law)? Alabama (work in question was done in Texas, however.)

Hello,

I'm looking for some sage advice and maybe an arrow in the right direction.

At the end of June I stopped working for a national company (A bank). I got a paycheck for my last week on July 15. On August 1 I got a paycheck in error, notified the company, and they reversed the direct deposit.

December 15 I received a letter from an Attorney stating that the company overpaid be some $728 dollars. I contacted the payroll department of the company first, but they said they had no information for me, and to contact the law office. I did so, and asked for information. The law office is still waiting for a reply from my previous employer. In the meantime, I am trying to do some research.

I understand that I am legally obligated to repay the overpaid salary (However, I'm hoping it's a mistake since I in fact did receive and extra paycheck and told them about it). However, it seems like 4 months after my last paycheck is a long time to wait before notifying me that I was over paid. Does anyone know if there is a legal time limit for notifying me of salary overpayment after leaving a job?

The letter from the law office states that I have 30 days to repay, but that the letter itself does not guarantee that legal action will be taken against me. Does this mean that if I do not pay the company can sue me for the wages? And is it likely they would bother for $700?

Any advice?

Thanks!

 

[seniorjudge]

Keeping or taking property that does not belong to you is stealing.

 

[Zigner]

Does this mean that if I do not pay the company can sue me for the wages?

Yes

And is it likely they would bother for $700?

I would

Any advice?

Pay it

Thanks!

You're welcome.

 

[roboctopus]

Pay it

Not before I have documentation from the bank about the specifics.

 

[seniorjudge]

Not before I have documentation from the bank about the specifics.

If they allow you access to the internet in jail, post back and tell us how that worked out.

 

[roboctopus]

If they allow you access to the internet in jail, post back and tell us how that worked out.

Oh please.

If they can produce adequate documentation showing exactly how they overpaid me, along with any pertinent tax and benefit information, I fully intend to pay them. Surely I am entitled to documentation, at the very least.

I was asking because I read that in New York an employer has 90 days to correct a salary overpayment, and my previous employer waited 4 months. I am not a lawyer or a law student, and I am not certain how to find out if this 90 days rule applies in Texas.

So save your hysterics.

 

[ecmst12]

If you believe that you were NOT overpaid, then you should contact your former employer and find out more information. It could just be a misunderstanding. Of course if you WERE actually overpaid, then you have to repay it, but there is no reason you shouldn't ask for proof before doing so.

 

[Zigner]

Oh please.

Right back at you.

If they can produce adequate documentation showing exactly how they overpaid me, along with any pertinent tax and benefit information, I fully intend to pay them. Surely I am entitled to documentation, at the very least.

I was asking because I read that in New York an employer has 90 days to correct a salary overpayment, and my previous employer waited 4 months. I am not a lawyer or a law student, and I am not certain how to find out if this 90 days rule applies in Texas.

So save your hysterics.

Your attitude makes it glaringly obvious that you DO know you received more money than you should have.

 

[thedoctorisin]

Was your last paycheck on July 15 for the full usual amount? Did you work the entire time period that paycheck covered?

 

[eerelations]

When you got that extra paycheque you mentioned in your first post, what did you do with it, besides notifying the company that you'd received it?

 

[roboctopus]

Your attitude makes it glaringly obvious that you DO know you received more money than you should have.

I don't, actually. I don't know that I DIDN'T receive more money than I should have, either. If they overpaid me, it was certainly not with my last paycheck. I am merely trying to cover all my bases. I don't think I was overpaid, but I haven't seen any documentation yet. I don't understand why the first responses to my question were so hostile.

Was your last paycheck on July 15 for the full usual amount? Did you work the entire time period that paycheck covered?

The July 15 paycheck was small; it was for 5 days of work (my last week.) It was for the correct amount.

When you got that extra paycheque you mentioned in your first post, what did you do with it, besides notifying the company that you'd received it?

The check was a direct deposit. I notified my former supervisor; she notified payroll; payroll reversed the deposit within a few days. They overpaid me on August 1 and the funds were taken back on August 4.

 

[cbg]

New York law does not apply in Texas. I believe in Texas they have something like two years to correct overpayments.