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legaleagle
legaleagle, Lawyer (JD)
Category: Legal
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Experience:  Attorney-Business degree from The University of Texas
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if a company overpays you due their mistake. Can they recoupe

Customer Question

if a company overpays you due their mistake. Can they recoupe the funds without signature aknowledgement
Submitted: 4 years ago.
Category: Legal
Expert:  legaleagle replied 4 years ago.
They either have to have you agree to have the money deducted from an account or sue you for the return. But they will win a judgment since they did overpay you, even if it was their mistake.
Customer: replied 4 years ago.
By me agreeing does that mean that they can not deduct the funds, though its not disputed, without me signing an acknowledment
Expert:  legaleagle replied 4 years ago.
Even if you agree that you owe them the overpayment, if you do not sign an agreement for them to deduct they can not deduct.
Customer: replied 4 years ago.
is there a legal rcw that I can look up for more informatoin
Expert:  legaleagle replied 4 years ago.
what state?
Customer: replied 4 years ago.
Tacoma, Washington
Expert:  legaleagle replied 4 years ago.

RCW 49.52.050

Rebates of wages - False records - Penalty.

Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who

(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or

(2) Wilfully and with intent to deprive the employee of any part of his wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract; or

(3) Shall wilfully make or cause another to make any false entry in any employer's books or records purporting to show the payment of more wages to an employee than such employee received; or

(4) Being an employer or a person charged with the duty of keeping any employer's books or records shall wilfully fail or cause another to fail to show openly and clearly in due course in such employer's books and records any rebate of or deduction from any employee's wages; or

(5) Shall wilfully receive or accept from any employee any false receipt for wages;

Shall be guilty of a misdemeanor.

Customer: replied 4 years ago.

Thank you for the information, I do apprecite you.

 

I have not signed an acknowlegdement, can they still recoupe?????.

Can they take partial payments out until said funds are recouped, is this decision granted by the employer or is there a law that the recoupe in one lump sum.???????

 

I contacted the corporate office and spoke with a payroll representative and was told that it can be taken in partial payment, but it had to be agreed upon by the job site operations manager. It will be a finacial hardship to say the least

 

2. If a doctor requests that the company do an ergonomich evaluation of the employee's works space that is NOT ASSIGNED, for health reasons, do they have to do it and who pays for the evaluation the company, the medical insurance or the employee??

 

I understand what happened and I am not disputing it. I just do not feel they are ethical in handling the situation. Its a call center, they wont even assign you a seat daily, you have to find your own seating, its a mess but THANK GOD FOR A JOB TODAY.

Expert:  legaleagle replied 4 years ago.

No they can not take out any money without your written agreement. They have to have your agreement.

2. No the company does not have to do it just because the Dr. requests it but if they do they can either pay for it, charge you (but get your agreement first) or ask for you to claim it through insurance.

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legaleagle
legaleagle
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Attorney-Business degree from The University of Texas