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

[LD1]

In other states, they simply have to show proof to the bank and they can pull them.

Not saying you are wrong, but if that is the case, that would really irritate the crap outta me.

My bank works for ME. Not some debt collector. IF I haven't paid the debt collector on my own, there is obviously a dispute. And in no way should my bank hand them over MY money unless the "proof" they show is a court order/judgment.

Any other "proof" they show, could be fabricated, one-sided, false, or only show part of the story(in my case, not showing the sick pay owed)

 

[cqaigy2]

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.

I guess it shouldn't be too surprising to hear that a big bank has record keeping problems, it must be hard when you keep thing straight when your keeping multiple "books".....

 

[murphy1244]

Thread is starting to read like the Comics.

 

[ultrarunner]

Timely topic for me...

I'm not retired and have 12 weeks of sick time... the max and about 9 weeks of vacation on the books.

Just learned company is doing away with acumulated sick time December 31...

Never planned on using it... on the other hand, it was a comfort to know I had it and earned it over 23 years.

Also vacation will be paid out... reason for so much is most of the time my vacation requests have been denied because of coverage issues.

Interesting world we live in.

Now, my Law Enforcement friends get paid for every minute and many have retired nearly a year early drawing full pay... should have lisented to Dad...

 

[Dr_Zinj]

Never just ignore it.
Tell them that your records do not agree with their claim, and request they send you copies supporting their demand.
If they can't produce the copies, then they have no evidence of the claim, and no foot to stand on if they're dumb enough to try to take it to court.

 

[Brimfield]

I am in with the ignore them crowd. This came up late and they have no records so they have nothing to prove anything. If they send it to a collection agency then you should call your states division of labor and see what they say. The less you say the better. They need to prove it. I had a Real estate company pay my taxes one year by accident. They call up and threaten me with I had to pay or they would get a refund from the town and I was going to be paying late fee on the taxes plus administrative fees from them. I went to town hall and all they said was the tax was paid and no refunds ever. I did nothing and that was that. Had that company called and said POLITELY that they made a mistake and paid my taxes and had proof of this I would have cut them a check. Call me and threaten me:laughing:

 

[LD1]

Well, technically they have records, and technically they did send me their supporting documents. I have the paper that shows what was overpaid, how many hours, what pay period, and the total we owe. Then we requested copies of her last 4 paystubs.

The way it worked at chase, the pay cycles were the 1st to the 15th of the month, and total pay of 86.67 hours each check.

Her last pay cycle was oct 1 through oct 15 last year. The 4th was her last day. The pay stub does indeed show that they paid her 86.67 hours (as if she worked the full cycle). Her manager at the time didnt turn in her resignation paperwork until oct 19th.

So, indeed according to their records (and what we are looking at) she was overpaid.

BUT, my concern is the lack of paying sick time. I know they arent required to pay it out by law, and I am not sure what their company policy is on it as we now no longer have an employee handbook for that job. (but I may request one).

On the letter we did get, it says something like this

SVP/FVP hours paid:67
SVP/FVP hours due:60
SVP/FVP hours overpaid:7

I need to find out for sure what SVP and FVP mean. I am thinking they mean sick-vacation-pay and floating-vacation-pay????

IF that is the case, by them "lumping" it together like that, then leaving out the sick-pay part of it cause they no longer have records.....makes me think that she was indeed entitled to it.

But I really would like to find, or have them send us a copy of the handbook for 2012. That way I can see what it says about vacation pay, sick pay, etc. And how much she was entitled to, etc.

No way to be sure how much sick pay she had left, without requesting pay stubs for the full 3 years she worked there, and seen how many hours she used, and then see a copy of the handbook and see how many she was given each year.

I might indeed request this stuff. ALL years worth of pay stubs, employee handbook, etc. Maybe it wont be worth their time over a mere $500 and change.

 

[joshuabardwell]

Well, technically they have records, and technically they did send me their supporting documents. I have the paper that shows what was overpaid, how many hours, what pay period, and the total we owe. Then we requested copies of her last 4 paystubs. The way it worked at chase, the pay cycles were the 1st to the 15th of the month, and total pay of 86.67 hours each check. Her last pay cycle was oct 1 through oct 15 last year. The 4th was her last day. The pay stub does indeed show that they paid her 86.67 hours (as if she worked the full cycle). Her manager at the time didnt turn in her resignation paperwork until oct 19th.

So, indeed according to their records (and what we are looking at) she was overpaid.

This is a little bit different story than I thought from the first reading.

 

[hawkeye08]

Well, technically they have records, and technically they did send me their supporting documents. I have the paper that shows what was overpaid, how many hours, what pay period, and the total we owe. Then we requested copies of her last 4 paystubs.

The way it worked at chase, the pay cycles were the 1st to the 15th of the month, and total pay of 86.67 hours each check.

Her last pay cycle was oct 1 through oct 15 last year. The 4th was her last day. The pay stub does indeed show that they paid her 86.67 hours (as if she worked the full cycle). Her manager at the time didnt turn in her resignation paperwork until oct 19th.

So, indeed according to their records (and what we are looking at) she was overpaid.

BUT, my concern is the lack of paying sick time. I know they arent required to pay it out by law, and I am not sure what their company policy is on it as we now no longer have an employee handbook for that job. (but I may request one).

On the letter we did get, it says something like this

SVP/FVP hours paid:67
SVP/FVP hours due:60
SVP/FVP hours overpaid:7

I need to find out for sure what SVP and FVP mean. I am thinking they mean sick-vacation-pay and floating-vacation-pay????

IF that is the case, by them "lumping" it together like that, then leaving out the sick-pay part of it cause they no longer have records.....makes me think that she was indeed entitled to it.

But I really would like to find, or have them send us a copy of the handbook for 2012. That way I can see what it says about vacation pay, sick pay, etc. And how much she was entitled to, etc.

No way to be sure how much sick pay she had left, without requesting pay stubs for the full 3 years she worked there, and seen how many hours she used, and then see a copy of the handbook and see how many she was given each year.

I might indeed request this stuff. ALL years worth of pay stubs, employee handbook, etc. Maybe it wont be worth their time over a mere $500 and change.

Perhaps a former coworker has the employee manual?

 

[Midniteoyl]

Not saying you are wrong, but if that is the case, that would really irritate the crap outta me.

My bank works for ME. Not some debt collector. IF I haven't paid the debt collector on my own, there is obviously a dispute. And in no way should my bank hand them over MY money unless the "proof" they show is a court order/judgment.

Any other "proof" they show, could be fabricated, one-sided, false, or only show part of the story(in my case, not showing the sick pay owed)

I agree.. Didnt wanna to get the thread off track earlier, but this is the reason I posted a new Fed Law requires the bank to tell you 3 days in advance of pulling the money. Banks were pulling the money, you'd fight, banks would put it back AFTER collecting a ton of fees. Banks were basically collecting fees from both parties while claiming to 'only be following the laws'. It got real bad in some states.