Registered User
Advice: When an employer overpays & trys to recover
What happens when an employer trys to recover an overpayment of wages from an employee that is no longer with the company? Does the employer have any right in asking for the money back? What is the legal precedence here? Does anybody have any advice?
Note: Since the employee doesn't work there anymore, they can't deduct it from future paycheques. Also, there is no balance in the employee's bank account, so the employer can't take it from there either.
Last edited by holden; 05-17-2006 at 09:16 AM.
Banned
I was talking to my work and they are NOT allowed to deduct anything from my paycheck. I take that as it is the employers fault.
Registered User
I knew a girl who was overpaid $1600, and one day she checked her online banking, and they had yanked it back out of her account. I think most employers probably have a paper you sign saying you will give back any overpayment.
So many people get fucked out of pay by their employer, that its great to see someone get OVERpaid. Clutch onto the cash until they pry it from your grey, lifeless hands.
Registered User
They cannot take it out of your bank account but they can ask for it back up to a year. This happened with me with the city and it worked out to like $400. They sent me a letter and I threw it in the garbage. Phone the AB govt. and you will get more info on this.
"I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property until their children wake-up homeless on the continent their fathers conquered."
-Thomas Jefferson 1802
Master Engine Builder
when it happened to me I was told they have until the next pay period to correct the issue,
if the 1600 creeper mentioned was a banking mistake and not a payroll mistake the bank can "correct" the problem without notification as it was never her money
ninja trainers motto
always be able to kill your students
Registered User
They can go to a collection agency, and completely screw your bank account. I use to work at a bank, and had this one guy come in with his account frozen and stopped because he was overpaid $500 from the government a year ago. He had to pay back the $500 first, then we were allowed to unfreeze his account. (It wasn't our choice either, there was a comment on his account to phone a certain # to settle this issue)
Banned
why shouldn't they get the money back?
If a bank ever put extra money in your account, they would certainly take it back.
Hmmm....come to think of it, alot of companies are starting to use banks for payroll services, so where do you draw the line on that one, eh?
Registered User
when they have the authority to yank it back from ur account, it's probably the bank's fault, rather than your company
but think of it in a moral sense, ur kind of stealing it from the company, just that it was spoon-fed to u
Banned
a collection agency cant do anything to your bank account. all they can do is mail you and phone you. no one can touch your bank account unless they get a judgement against you.Originally posted by yellowsnow
They can go to a collection agency, and completely screw your bank account.
Registered User
If you have direct deposit they can as easily take the money out as they put it in. I've been mistakenly paid twice before and they just took the money back out of my account.
"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague.”
—Cicero, Roman statesman and lawyer
Registered User
This is a good time to let the labor board know about any violations occuring at the employer. Here's a few of the more common:
- breaks deducted but not allowed to be taken
- timecards adjusted after the fact to fix "errors" (usually to skim everyone's check) without a legitimate reason and an audit trail with consent of the employee
- hours of work and regulations concerning working alone for minors
- employees required to work overtime at regular rate (instead of 150%) or without pay at all
- improper designation of employees as managerial staff when they have no such responsibility in order to not pay overtime
- employee schedule posted without adequate time before work period (normally 5 days) or notice when schedule changed, and employees punished for not following last minute or late changes
- vacation pay withheld or not calculated properly
- ongoing sexual harassment of any employee
- violation of termination rules with respect to notice required
That pretty much sums up the kind of violations in retail, restaurants, and general labor in Calgary.
Last edited by barbarian; 05-20-2006 at 11:59 PM.
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