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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12931
Experience:  Significant experience in all areas of employment law.
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I live in Austin, TX and have a question re: wage

Customer Question

Hello. I live in Austin, TX and have a question re: wage overpayment. I resigned from a company in July. I received my final paycheck on the 30th and another paycheck in August. I knew for certain the check in August was an error and returned the funds in full to my ex-employer. Now they are saying they over paid me on my final paycheck as well. They sent me a certified letter yesterday threatening legal action if I don't respond by EOB today. Here is my dilemma, thinking my final check was accurate, I used it on my monthly bills and mortgage, as normal. Now they are asking for $2k back. I did the right thing and now feel like I'm being punished. I am not a thief, and want to do what is right. Can I offer a payment plan of some kind, like 6 monthly installments? My next questions revolves around deductions on both of those checks, medical insurance, taxes, etc. How will this work when I file taxes? Any assistance is greatly appreciated.
Submitted: 2 years ago.
Category: Employment Law
Customer: replied 2 years ago.
Email from employer: Hi Kim,I received your letter and check for a portion of your overpayment on Friday, September 4, 2015. The check was written for $2,528.81 which covers your overpayment for pay period ending on 8/15/15. After receiving your letter, I confirmed paid out with our Payroll department and our records indicate you still owe $2,150.33 for pay period ending on 7/31/15.To clarify why you owe that amount....In July you worked 7/1- 7/17. You received a paycheck on July 15th for the following days worked: 7/1- 7/15. Since you worked a couple days in the next pay period (7/16 & 7/17), you should have received a paycheck on July 31st in the amount of $378.48. Instead of receiving that amount, you received full pay for pay period ending on 7/31/15. Therefore in order to resolve your overpayment, you still owe HHS the following amount: $2150.33.Again, I am extremely sorry for the inconvenience this has caused you. Although, I do want to point out that this occurred due to our willingness to change the effective date of your termination, per your request. Please know our intentions would never be to cause you trouble or to inconvenience you in any way. Please accept our apology!As always, we only wish you the best! Would love to hear from you and catch up about your new job.
Expert:  Patrick, Esq. replied 2 years ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, if your employer can prove that they truly did overpay you on your final check, they would typically be entitled to that money back. The reasoning is that the money as never yours to begin with, even if you had no reason to suspect you were overpaid and even if you used the money for other purposes. You have no entitlement to something that is not yours and so it must be returned.

The above noted, it would be a huge drain of your employer's resources to actually sue you to get this money back, so they have a large incentive to negotiate with you. In this circumstance, it would be entirely common to work out a payment plan and perhaps even a reduction to the principal amount you pay back. The precise arrangement is up to you and your employer to negotiate.

As for deductions and taxes are concerned, since you have not yet filed taxes for the year in which you received the overpayment, there is not much for you to do. Your employer will provide you with a W2 at the end of the year which accurately reflects your earnings. As far as what they paid on your behalf for taxes and with holdings, it is up to your employer to get that money back from the respective state and federal agencies. Those efforts really don't concern you as there is no adverse affect to you from your employer having paid more into the system on your behalf than they were supposed to.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 2 years ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.