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Linda Roch
Linda Roch, Mensa Member
Category: General
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Experience:  I am a good researcher and I am a member of Mensa
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regarding being overpaid, this was to cover maternity leave

Customer Question

regarding being overpaid, this was to cover maternity leave which ended in end January/beginning Feb and I left end December prior to january. which would probably mean I owe them for approximately one month? and not the six months they paid me would you agree? how do I approach this to them?
Submitted: 4 years ago.
Category: General
Expert:  Linda Roch replied 4 years ago.
This depends on the company policy. Many companies have a policy that if you are on leave and don't come back, you have to pay back any benefits that they afforded you while you were out. This is because the company is making an investment by paying you for leave to make sure that you come back (which is what is done with good employees).

Thus, if you were paid for six months of leave and did not come back, you may be required to pay that all back if it is the company policy.
Customer: replied 4 years ago.
I believe my question was misunderstood - what I meant was - I was employed to cover maternity leave for someone else. This 6 month contract (which I have not signed) was to finish end jan/begin feb and I left the december prior so was approximately one month remain. They continued to pay me for six months. they obviously have a communication error and therefore I feel I should not be entitled to pay this back as they should have known I had left following my letter to confirm this. This is not my fault if they do not communicate to their payrol department? I need confirmation that they are in the wrong and I should not have to pay them back ( or if only one month)
Expert:  Linda Roch replied 4 years ago.
I would love to give you confirmation that they were wrong but I cannot. If you gave them notice and they made a clerical error, you were getting paid in error and they are entitled to their money back.

You only need to pay them back for the amount that they paid you for which you did not work. However, since they probably would need to go to court to get this money from you, you can try to negotiate a lower amount with them to give back as it would avoid them the hassle and attorney fees.
Linda Roch, Mensa Member
Category: General
Satisfied Customers: 1309
Experience: I am a good researcher and I am a member of Mensa
Linda Roch and 113 other General Specialists are ready to help you
Customer: replied 4 years ago.
So If I approached them that the maternity cover was for a six month temporary contract they should not have paid me over that time which is their fault. I will only pay them from the time I left (end dec) to the end on the original 6 month contract. Anything after that I was not on a contract? therefore they should not have paid me. do you think this would work, would you think approaching the manager would help? as this is a council run place of work, therefore a big organisation and should know what they are doing?
Expert:  Linda Roch replied 4 years ago.
I would approach it gently and try to give them at least half if not more of what they paid you because in reality you owe them all of it, and you do owe them from the time you left to the time that they stopped paying you.

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