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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95933
Experience:  Lawyer
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I have been working financial institution years now, just

Customer Question

Hello I have been working for a financial institution for 2 years now, just yesterday they called forth a meeting to inform me that since last June I have been overpaid. They reduced me from 100 percent to 60 precent work load however did not complete the paper work properly on there end. They State that they are willing to forgive from June 1 to dec 27 of 2015 as that's there year end however dec 27 2015 until yesterday July 13 2016 will need to be repaid for a sum of 6900$, at this point they have giving me two options a lump sum payment by July 20 or 110 dollar deduction bi weekly for two years at 1 percent loan intrest until full amount paid. Now my finances can not afford either of these options, my company is the one that enters all time and payroll has nothing to do wit me I played no roll in this matter. Iam curios as to my options here I understand they have the right to ask for there money back however with there repayment schedule it could possibly bankrubt me as iam already negative 500 a month
Submitted: 3 months ago.
Category: Canada Law
Expert:  Legal Ease replied 3 months ago.

I am happy to answer but I just answered similar question on another post.

If you posted twice on two separate accounts please let me know.

Customer: replied 3 months ago.
I have just spoken with two gentlemen at the contact us, my login would not recognize my email address however they have now got that fixed so as far as I know this is my only posting of this question
Customer: replied 3 months ago.
additionally this is my only question in my questions.
Expert:  Legal Ease replied 3 months ago.


The court would require you to pay this money back.

The court would not require you to pay interest as this was not your mistake and you didn't know you were being overpaid.

If they sue you then a court would give you a reasonable amount of time to pay and in my view you would be given 6 months as that is how long it took them to pay you the higher amount in error.

Do you see what I mean?

Customer: replied 3 months ago.
I do see what you mean via "time frame" I understand from reading previous similar cases it is usually decided between employer and employee a payment plan that works for both parties
Customer: replied 3 months ago.
is this just good will? ? or can they go ahead and withhold my checks?? before anything had been signed or agreed upon
Expert:  Legal Ease replied 3 months ago.

They cannot withhold your paycheques.

If they do then contact the Employment Standards Branch.

Customer: replied 3 months ago.
okay I believe this is what has happened as of today. To proceed with a repayment plan that is agreed upon it would have to be in writing and signed by both parties involved correct?
Customer: replied 3 months ago.
additionally would my collective agreement need to state or underline that they could claim this money back?
Expert:  Legal Ease replied 3 months ago.

This has nothing to do with your collective agreement.

They overpaid you in error and they are entitled to the money back.

You should have something in writing but there is no requirement about that.

Customer: replied 3 months ago.
Thanks for your time
Expert:  Legal Ease replied 3 months ago.

You are very welcome.

If we are done please rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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