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Possible wage overpayment.

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M.Bison

New member
What is the name of your state? South Carolina

My wife has been employed by her company (a private company) for several years. She had received a promotion to work in a newly created department which came with a pay raise. Her new hourly wage was 30.00 an hour. She was in this position for one year until the department was closed down. Her previous department no longer existed and they found another position for her. She had verbal discussions that the new department could only pay 25.00 per hour. This discussion was made between my wife, the HR person, and the Director (no longer employed by the company). It was written on a piece of paper, but before she signed it, the Director took the paper and told her that they would need to discuss it more and would get back to her.

After starting work in the new department, she mentioned to the HR person that her pay had not declined. The HR person told her that they hadn't changed it yet.
She mentioned it again several weeks later and was told that they would take care of it, not to worry. My wife seemed to believe that they were taking care of her and had found a way to keep her salary (She is not a native speaker and this did not become an "issue" until many months later when she was discussing the matter with me and I am not sure that I understand the issue the same way as she does.) She was very thankful and at one point had thanked the director for taking such good care of her (There were other employees from her department present so she did not feel it would be correct to mention the wage amount in context. She was simply very thankful for them keeping her position.) Smiles and nice things were said, etc.

The director no longer works for the company and my wife is considering employment with a different company as she wants to be able to grow in her field (It would actually be a paycut anyways.)

If she were to leave and the new management was to see her wage that she was being paid, if this was not what it was "supposed to be", could they demand repayment of this amount? (Keep in mind that she believed this was an amount that she was intentionally being paid.)

If she would be required to repay this amount, how many years back could they charge her for?

Thank you in advance for you advice,
M.Bison
 


LdiJ

Senior Member
What is the name of your state? South Carolina

My wife has been employed by her company (a private company) for several years. She had received a promotion to work in a newly created department which came with a pay raise. Her new hourly wage was 30.00 an hour. She was in this position for one year until the department was closed down. Her previous department no longer existed and they found another position for her. She had verbal discussions that the new department could only pay 25.00 per hour. This discussion was made between my wife, the HR person, and the Director (no longer employed by the company). It was written on a piece of paper, but before she signed it, the Director took the paper and told her that they would need to discuss it more and would get back to her.

After starting work in the new department, she mentioned to the HR person that her pay had not declined. The HR person told her that they hadn't changed it yet.
She mentioned it again several weeks later and was told that they would take care of it, not to worry. My wife seemed to believe that they were taking care of her and had found a way to keep her salary (She is not a native speaker and this did not become an "issue" until many months later when she was discussing the matter with me and I am not sure that I understand the issue the same way as she does.) She was very thankful and at one point had thanked the director for taking such good care of her (There were other employees from her department present so she did not feel it would be correct to mention the wage amount in context. She was simply very thankful for them keeping her position.) Smiles and nice things were said, etc.

The director no longer works for the company and my wife is considering employment with a different company as she wants to be able to grow in her field (It would actually be a paycut anyways.)

If she were to leave and the new management was to see her wage that she was being paid, if this was not what it was "supposed to be", could they demand repayment of this amount? (Keep in mind that she believed this was an amount that she was intentionally being paid.)

If she would be required to repay this amount, how many years back could they charge her for?

Thank you in advance for you advice,
M.Bison
No, they could not demand that she repay the money that they paid her. In fact, my guess is that nobody even realizes nor will realize that she is being paid more than they originally told her she would be paid. Nothing was signed off on.
 

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