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Debt waiver for salary overpayment

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Gerard Atl

Junior Member
Hello all.
We received bad news from my employer as human ressources made a mistake and put me on a wrong salary scale in 2013 and just discovered the mistake in March 2018. They will certainly ask to reimburse the amount overpaid (>$60.000). I will have to send them a debt waiver letter but do not have a clue on how to write this. Any tips are welcome.
Thank you in advance.
 


Zigner

Senior Member, Non-Attorney
Hello all.
We received bad news from my employer as human ressources made a mistake and put me on a wrong salary scale in 2013 and just discovered the mistake in March 2018. They will certainly ask to reimburse the amount overpaid (>$60.000). I will have to send them a debt waiver letter but do not have a clue on how to write this. Any tips are welcome.
Thank you in advance.
What US state are you in?
 

Gerard Atl

Junior Member
How were you not aware that you were being overpaid by ~$1,000 per month?
Not US citizen, new to the organization (Federal Agency). Human ressources placed me on a specific pay grade scale, which was approved by several individuals.
 

Zigner

Senior Member, Non-Attorney
Not US citizen, new to the organization (Federal Agency). Human ressources placed me on a specific pay grade scale, which was approved by several individuals.
What do you expect to do with a "Debt Waiver Letter". In other words, are you just asking how to write a letter asking them to forgive the debt?
 

Gerard Atl

Junior Member
What do you expect to do with a "Debt Waiver Letter". In other words, are you just asking how to write a letter asking them to forgive the debt?
Just because the process will be that we will have to write a letter and we would like to put all the chances on our side, if there is a slight chance to have this debt, or part of it, waived.
 

Zigner

Senior Member, Non-Attorney
Just because the process will be that we will have to write a letter and we would like to put all the chances on our side, if there is a slight chance to have this debt, or part of it, waived.
The "process" is an internal process based on your employer's procedures. Yours is not, actually, a legal question. You will want to follow your employer's procedures in the matter. Frankly, you likely knew how much you should have been receiving, so you're already in a bad spot for not reporting the error early on.
 

Gerard Atl

Junior Member
The "process" is an internal process based on your employer's procedures. Yours is not, actually, a legal question. You will want to follow your employer's procedures in the matter. Frankly, you likely knew how much you should have been receiving, so you're already in a bad spot for not reporting the error early on.
Ok, thanks all.
 

LdiJ

Senior Member
Hello all.
We received bad news from my employer as human ressources made a mistake and put me on a wrong salary scale in 2013 and just discovered the mistake in March 2018. They will certainly ask to reimburse the amount overpaid (>$60.000). I will have to send them a debt waiver letter but do not have a clue on how to write this. Any tips are welcome.
Thank you in advance.
You need to get a consult with a local employment attorney. The amount of money is large enough that you cannot afford not to consult with an attorney. There also may be some statute of limitation issues that would come into play. If they accidentally put you on a scale that paid you LESS than you were entitled to receive, they certainly would not go back 5 years to reimburse YOU.
 

Zigner

Senior Member, Non-Attorney
If they accidentally put you on a scale that paid you LESS than you were entitled to receive, they certainly would not go back 5 years to reimburse YOU.
The Federal Government may (and likely would), in fact, do just such a thing.
 

LdiJ

Senior Member
The Federal Government may (and likely would), in fact, do just such a thing.
I do not particularly agree with you on that issue. The OP NEEDS to consult an employment attorney familiar with government employment.
 

quincy

Senior Member
I do not particularly agree with you on that issue. The OP NEEDS to consult an employment attorney familiar with government employment.
Can you say why exactly that you disagree? Or is it just a feeling you have?

Your "they certainly would not go back 5 years" is problematic.
 

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