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Yearly salary was known. from day one employee worked a lot of overtime, thus, bi-weekly pay was not consistent. Pay stub was not viewed until notified of error (several months after starting work) and at which time was told the correction will take place immediately. O/T stopped and paycheck was lower - employee did not verify if correction had taken place since pay was lower. Payroll supervisor verbally confirmed (3 times) during a meeting with the employee and the employee's supervisor. Everyone involved included HR noted that the correcting was taking place immediately. There was no reason to doubt the payroll supervisor or HR.
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Can the employee at least be able to negotiate the terms?...employee is tied up for a number of years to repay via payroll deduction and a lump sum if employment is left for any reason. Being able to seek better opportunities of employment - repayment is not the key issue, it is the terms surrounding the repayment. Employee does not have the means to repay a lump sum and would like to seek better employment opportunities. payment with interest was one of the options initially offered by the payroll supervisor but the written agreement did not include any other option but a lump sum if employment is left for any reason. can the employee be terminated for not signing the only terms currently being offered?
the employer is "the city" and they have the lawyers to pursue a lawsuit. in the event the employee leaves employment for whatever reason (on their own or via termination by the employer), the city presents and, based on what you noted above, wins the civil lawsuit against the employee. the employee does not have the lump sum amount to pay back, what can happen to the employee? (a genuine concern, the employee like many others lives paycheck to paycheck) what options, if any, does the employee have in bringing resolution to the matter. employee has never been involved in legal matters. does the legal system offer options (jail time, payment plan, take away your few belongings)? May sound ridiculous but these are real concerns and the reason why legal counsel is being sought.
In regards to garnished wages & retirement, could they garnish military retirement pay?
Can they garnish wages from the employee's spouse income (spouse is not employed by same employer)? Could this situation/outcome(whether court is involved or not) be reported to/reflected Credit Business Bureau (impacting the employee's credit scoring)? Could it be reported or noted somewhere where this may affect future employment? (areas now looked at by many employers prior to hiring.)
previously noted: "no the spouse is not liable for the debt"; also previously noted: "They can also try to seize any bank accounts or other investments other than retirement accounts." If the employee's bank account is a "joint account" (with spouse) can they seize the account (thus seizing spouse's income)?
previously noted: "Only if they sued and got a judgment against you could they report it." (referring to reporting to credit bureau). how long would this information remain in the report? once total reimbursement takes place - would the information be required to be removed from the report?
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