Employer claims to have overpaid final check...What to do

Midniteoyl · Oct 30, 2013

joshuabardwell said:
... one more thought: was the letter sent certified? If not, throw it in the trash and pretend you never saw it. They don't mean business until they start sending you certified letters.

The next 'certified letter' they could get would be the one the Sheriff delivers from the court.. DO NOT IGNORE. That is terrible advice.

murphy1244 · Oct 30, 2013

Midniteoyl said:
The next 'certified letter' they could get would be the one the Sheriff delivers from the court.. DO NOT IGNORE. That is terrible advice.

He has to get a 1st certifide letter first.

CobyRupert · Oct 30, 2013

1. They've admitted they don't have any sick time records.

2. Does she have any pay stubs from when she worked there?

3.Even if she doesn't: bluff. Ask that they send her their pay records including vacation and sick time, that would justifying their claim, and she will check if it matches her information (pay stubs, etc..) which shows she owes nothing, else quit harassing her or she will file an order of protection against them. And there lies their problem.

murphy1244 · Oct 30, 2013

CobyRupert said:
1. Does she have any pay stubs from when she worked there?

2. Even if she doesn't: bluff. Ask that they send her their pay record justfying their claim, including vacation and sick time records to see if it match her information which shows she owes nothing, else quit harassing her or she will file an order of protection against them. And there lies their problem.

:thumbsup:

joshuabardwell · Oct 30, 2013

LD1 said:
According to what I have researched, they wouldnt even have to pay out the vacation hours. As vacation is a benefit provided by the company, and not a requirement by law.

This is a state-by-state issue. Some states consider vacation time to be compensation which must be paid for if the employee leaves. Others do not.

Midniteoyl · Oct 30, 2013

Rayster said:
It was severance/vacation/sick pay accrued ... Will they produce paperwork for court and take the time to go after her? Sounds like they don't keep good records to begin with. Perhaps the accounting department should be on the hook for their mistake. You have the upper hand.

The credit issue is a concern. But they have to prove it, and a dispute could be more costly for them.

They only have to prove it if you dispute it. If you ignore it, a default judgement could, and most likely will, be ordered against you.

murphy1244 · Oct 30, 2013

Midniteoyl said:
They only have to prove it if you dispute it. If you ignore it, a default judgement could, and most likely will, be ordered against you.

Are you a Lawyer?

TomSeller · Oct 30, 2013

Midniteoyl said:
The next 'certified letter' they could get would be the one the Sheriff delivers from the court.. DO NOT IGNORE. That is terrible advice.

For $ 560 I doubt. They can't even get their lawyer to pick up the phone for that.

Midniteoyl · Oct 30, 2013

murphy1244 said:
He has to get a 1st certifide letter first.

Nope.. Not as far as I know... Thats pretty much old advice.. The only legal thing is to 'use all reasonable attempts to contact'. And, since they made the phone calls back to the office, it has already been proven that the letter did indeed make it to its intended recipient, so it a moot, moot, point now anyways.. he must figure this out or risk a judgement.

murphy1244 · Oct 30, 2013

Midniteoyl said:
Nope.. Not as far as I know... Thats pretty much old advice.. The only legal thing is to 'use all reasonable attempts to contact'. And, since they made the phone calls back to the office, it has already been proven that the letter did indeed make it to its intended recipient, so it a moot, moot, point now anyways.. he must figure this out or risk a judgement.

I ask again, Are you a Lawyer?