Former Employer and Overpayment

vadersaysno

I'm just going to guess that there's not really any true lawyers (or ones that know VA law) in here, but let's just take a shot at this anyway. I'm not asking for "morals" on this. Here's the situation:

Former employer sends a letter saying, "you STILL haven't paid us the $100 that we overpaid you". I receive this almost 4 months after I've left that job and had never been notified of it before now. The letter also only says "here's what we paid you" and "here's what we should have paid you" along with "any questions call our office". I have sent them a letter saying "you need to provide me with copies of my timesheet (were not provided because I had to drop them off the day after my last day of work), copy of my final pay stub (as only sent electronic and I no longer had access), copy of the increase that had gone into effect right before then (which i hadn't gotten the official notice on), and a full explanation as to how an overpayment had been determined".

Now, $100 in the big picture isn't that much, BUT what if I don't agree with how they came to that conclusion? What happens then? If i think they are right, fine and dandy, I'll pay it back no biggie. But what if I don't agree with them?

Shanel0916

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vadersaysno

Thanks!!

Hollywood_Porky

Well there has to be tangible evidence that an overpayment did occur - and that's all based upon payroll artifacts, job artifacts. Having employed at one time, I can see why they are asking for it. The best thing to do is consult an attorney - outside of that, it's 100 USD - so the cost of consultation and work on it will outweigh the 100 USD. If you can prove the money is legitimately yours through artifacts, then you don't have to pay it back. It's all about proof!

Hollywood_Porky

BTW love the username. I use Vader's Fist a lot for my fantasy sports teams - well that's going away now - bored with the carnage.

madhatter2013

I am taking prelaw classes, however, I am not an attorney. I just wanted to get that out there. I currently work as payroll of a company that sends out those same letters and being the one that has to determine the overpayment, $100 is not something anyone is going to sue for. Their attorney will cost more than that. If it was a union company, contact the union about it and have them fight it for you, otherwise, morally, if you feel like you owe it, pay it back, if not ignore it.

vadersaysno

madhatter2013 wrote: »

I am taking prelaw classes, however, I am not an attorney. I just wanted to get that out there. I currently work as payroll of a company that sends out those same letters and being the one that has to determine the overpayment, $100 is not something anyone is going to sue for. Their attorney will cost more than that. If it was a union company, contact the union about it and have them fight it for you, otherwise, morally, if you feel like you owe it, pay it back, if not ignore it.

Not a union company...was driving a school bus. It more bothered me with saying "you STILL owe us this" when nothing had been said before. When you leave that company, you're also not compensated for any of the leave that you earned. They never provided me with my timesheets nor did they even give me access to my final paycheck (it was direct deposit and was about the same as my prior checks so i thought nothing of it). I don't want to burn bridges with any former employers, however, I'm not into just giving $100 handouts to anyone that just claims something either.

999tigger

Not your jursidiction, but I dont think thats relevant its just common sense. Youve sent them a letter asking them to prove that you actually owe them the money as opposed to a simple demand as you require proof, so the ball is in their court. They know how to contact you and what you require, so just put it to one side and see if they come up with the goods.

If they wish to proceed, then the only way they are going to get the money back from you is by taking legal action i.e suing you at which point they would have to prove it. They wont waste the money. Youve done enough so ignore it until and unless the situation changes.

vadersaysno

Thanks...I'm the type that just likes to be prepared so i can come out guns blazing.

dolliesdaughter

Make sure that you are sending the request certified mail with a return receipt, so that the employer can't say that you did not respond.

vadersaysno

dolliesdaughter wrote: »

Make sure that you are sending the request certified mail with a return receipt, so that the employer can't say that you did not respond.

I did it certified so I have the tracking number. DEFINITELY did that.

jaga13

Regarding the "Still" part...I assume they tried to contact you via phone and email, but they used outdated info. When we accidentally overpay someone (due to human error), we never send a letter unless it's a last resort. Believe me, we want to contact someone right away, so it's first phone and email.

vadersaysno

jaga13 wrote: »

Regarding the "Still" part...I assume they tried to contact you via phone and email, but they used outdated info. When we accidentally overpay someone (due to human error), we never send a letter unless it's a last resort. Believe me, we want to contact someone right away, so it's first phone and email.

My phone and personal email are still the same. I still live in the same area. The only thing that's changed is that I no longer have their company email. They've sent me other things via snail mail since I've left, but nothing about this at all. In fact, I've actually even called their office about a couple of things too.

So as an HR person, what if the person doesn't think they were overpaid?