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Repayment of Money that was put in my paycheck by mistake

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kathie643

Junior Member
What is the name of your state? North Carolina

My employer (a HUGE credit company) has been putting a shift differential of 10% into my paycheck for over a year. These were funds not due to me, but now they caught their error and want that money back asap! It is not a separate line item on the check so I in no way knew I was having these funds added. (Plus I was paying tax on them). The longest they will give me to repay these funds back to them is 6 months. Is that right when they have been adding them to my check for 13 months! They said the extra taxes I paid will even out with the less money in my pay check. Is that correct? These extra funds removed without proper planning will cause us great financial strain. Can they do this? Again this in no way was my error. Thank you for any advise
:confused:
 
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cbg

I'm a Northern Girl
It absolutely boggles my mind, how many people seem to think they should be allowed to keep money they didn't earn as long as it was the employer's mistake. If you were writing a check to pay for a purchase and you accidently wrote down the wrong amount, would you think it was okay for the store to keep the extra money?

They could have legally required you to repay the money back all at once. There is nothing illegal about requiring you to repay it in six months even if the mistake was made over a longer pay period.

I'll let Patty address the tax issue.
 

kathie643

Junior Member
cbg...you have certainly misunderstood me. I in no way believe that I am entitled to that money! I agree 100% that I have to pay it back. But I also thought that I should be given at least the amount of time that they have been adding it to my check. They messed up not me. Where were their accountants (who should be auditing records at least once a year)...this was over a year! I am expected to do my job when I go to work and so are the people in HR who oversee our payroll. That is what they are paid for. And let me say, if I overpaid a store, I would know about it by my next bank statement because I check my receipts when I balance my checkbook! I could understand an error for a month...two maybe..but not 13 months! I have money taken out for charitable causes etc (which have changed this year from last)...they were getting a percentage of my incorrect income! I am not sure that everything just "evens out in the wash" as I was told by HR...that's what I was checking about. I don't ever expect anything that I did not work for.
 
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cbg

I'm a Northern Girl
I'm sorry if I misunderstood you. You are by no means the first person to post this type of question; you are very nearly the first to agree that you owe the money back. The very large majority of those who have posted this question seem to believe that as long as it was the employer's error they should be able to keep the money - I don't think I can be blamed for failing to understand that you think differently.

However, none of that changes the fact that they are not under any legal obligation to give you the same amount of time to repay the error as the error occured over.
 

HomeGuru

Senior Member
kathie643 said:
cbg...you have certainly misunderstood me. I in no way believe that I am entitled to that money! I agree 100% that I have to pay it back.

**A: then pay all of it back NOW!
 
In addition I bet there are not many people here who would not know within a couple of dollars what their checks SHOULD be either. You knew it was wrong all along and chose to keep the "windfall" and now they want THEIR money back.
 

kathie643

Junior Member
**A: then pay all of it back NOW!

I really don't think I should pay all of it back now! Are people not responsible for their errors anymore? They could wait! Do we take our jobs that lightly that we don't care to inconvenience someone else? Do I get my tax money back? I didn't ask these questions to be given orders nastily from someone. I just people may have sound advice they could offer.
 

HomeGuru

Senior Member
kathie643 said:
**A: then pay all of it back NOW!

I really don't think I should pay all of it back now! Are people not responsible for their errors anymore? They could wait! Do we take our jobs that lightly that we don't care to inconvenience someone else? Do I get my tax money back? I didn't ask these questions to be given orders nastily from someone. I just people may have sound advice they could offer.

**A: that was not an order. It was legal advice.
Here's the nasty order: Pay the f*cking money back NOW!
 

kathie643

Junior Member
Freespeech,

I get commission bonuses in every single check! I don't think that in the 10 years I have worked for this company that my paycheck has ever been the same. It varies greatly. Good for you that you know every penny in your check! I know you must be so proud!
 

kathie643

Junior Member
Well Homeguru I can tell from your location that you are EXACTLY the person I would want legal advice from . Thank you for your opinion using such intellectual language. Cetainly sounds like you must have attended Harvard with that incredible vocabulary!
 

Beth3

Senior Member
While it's unfortunate they made this error and nobody caught it sooner, they've given you six months to repay the money. That is very reasonable on your employer's part.
 

pattytx

Senior Member
Are you going to give them a personal check? Or are they going to reduce your pay over a period of time. The second is obviously the easier option for all concerned. If you repay by personal check, and a portion is not repaid until the following year, there are a lot of tax issues that will have to be handled.
 

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