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Former Employer Overpayments

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Wendigo

Member
Oregon

I have spent the last 7 months in attempting to get my former Employer to stop paying me. They finally got the message and have sent me overpayment letters. The problem is the want me to pay them the GROSS payment from last year. I quit in August. The pay dates being from September, October and December.

My question is, why are they making me pay the gross payment and can they make me pay the gross? Isn't it their job to amend their tax forms? They are wanting 336$ from me but after reviewing my bank I only got about 258$ of actual deposits.
 


LdiJ

Senior Member
Oregon

I have spent the last 7 months in attempting to get my former Employer to stop paying me. They finally got the message and have sent me overpayment letters. The problem is the want me to pay them the GROSS payment from last year. I quit in August. The pay dates being from September, October and December.

My question is, why are they making me pay the gross payment and can they make me pay the gross? Isn't it their job to amend their tax forms? They are wanting 336$ from me but after reviewing my bank I only got about 258$ of actual deposits.
Did your W2 reflect that income and withholding? I personally would not want to give them more than the net pay you received, but if they provide you a corrected W2 showing the full withholding but $336 less income, and you are able to amend your tax return to reflect less income, then theoretically you would get your withholding back that way.
 

Wendigo

Member
So, I should just demand them to send me a corrected W2? They sent me a letter demands the money within 10 days of the date on the letter. However, I received the letter 6 days after the day they wanted the first check on......
 

Zigner

Senior Member, Non-Attorney
Ummm......$78.

Think carefully about how much time, energy, and stress you want to devote to this endeavor over a matter of $78, especially considering that you actually have gained the benefit of that $78 in other non-cash ways.
 

PayrollHRGuy

Senior Member
I will dedicate what I can to a multi-billion dollar company trying to steal my 78$.

The thing most of that is that $78.00 is going to come from you in one way or another plus the time and cost of filing an amended return for 2018.
 

not2cleverRed

Obvious Observer
So, I should just demand them to send me a corrected W2? They sent me a letter demands the money within 10 days of the date on the letter. However, I received the letter 6 days after the day they wanted the first check on......
Yes. You should demand that they send you a corrected W2 in exchange for receiving the lump sum they want back. The income on the W2 should be reduced on the corrected W2 by $336. The withheld money (taxes) should be the same

Then you file an amended return with the IRS and include the amended W2 in place of your original W2.
 

LdiJ

Senior Member
Yes. You should demand that they send you a corrected W2 in exchange for receiving the lump sum they want back. The income on the W2 should be reduced on the corrected W2 by $336. The withheld money (taxes) should be the same

Then you file an amended return with the IRS and include the amended W2 in place of your original W2.
I absolutely agree. However, if its not possible for the OP to do an amended return on his/her own, then, as Payrollguy hinted, the cost of doing the amended return should be weighed against the $78.00.

Personally, I would send them the net pay only, and let them weigh the pros and cons of trying to collect another $78.00.
 

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