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

[SPYDERLK]

Tell them you are being subjected to double jeopardy as a result of a problem their pay system might have. It is theirs to fix and move on ... not to backtrack on. Say "Youre welcome for us presenting a situation that may have brought a potential problem to your attention."

 

[HillStreet]

CALL THE LABOR DEPARTMENT! I do not normally capitalize a sentence but I wanted to get your attention. Explain the situation to your state DOL, and mention that your former company cannot produce an accurate accounting of the pay in question, yet they are making demands for money. The state DOL may intervene at least for a clear explanation of the numbers in question. DOL makes and enforces rules, see what they say. Not saying the company is bad, but sometimes the little guy needs a big brother. Best of luck.

 

[Bob77064]

Sounds to me like the employer is trying to see what they can get, I agree with Joshua.

 

[Stimw]

Am I the only one to question why you have chosen to reproduce with an obvious unstable work situation?

I have never seen sick days paid when leaving a job.

 

[tractchores]

As someone who operates a relatively large company I can tel you that probably something showed up in a late Audit. You don't need to respond either way (not like it was a legal service or something). They will just write off the amount. Even spinning up the tiniest reponse will put them in the red. However they can write it off having made a 'good effort' to collect. Highly unlikely it could go to a collection agency as there is no contract or anything. Should they try to pull it from the bank or some other nonsense threaten a DOL wage claim, which is a low bar for the employee and a pain for the employer and if proven wrong they owe 3x damages. Unlike a court the employer has to prove that they are right VS innocent until proven guilty.

 

[joshuabardwell]

Am I the only one to question why you have chosen to reproduce with an obvious unstable work situation?

Way out of line.

 

[LD1]

Too many people to quote and respond to.....

... 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.

No letter was not certified. But she has already called them twice. Once to questioni t, and once to request copys of her last 4 pay stubs. So I am not sure this method would work.

I've never worked in a place that compensated you for unused sick pay. I used maybe one or two sick days per year, but was never compensated for sick pay when I resigned. Vacation hours owed are payable, but sick days are not.

First I ever heard of it too. But she indeed got sick time pay at full rate for whatever hours she missed. Same as vacation. Only difference is vaca was use it or loose it, and sck pay rolled over.

U.S. Department of Labor - Find It By Topic - Leave Benefits - Sick www.dol.gov › Find It! By Topic › Leave Benefits‎
Sick Leave. Federal law does not require sick leave. If you quit your job before using all of your sick leave, your employer is not obligated to pay you for that time.

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.

Am I the only one to question why you have chosen to reproduce with an obvious unstable work situation?

I have never seen sick days paid when leaving a job.

Yes you are, And I will just ignore what you say unless you have anything productive to say.

To answer some of the other questions without quoting all, NO I dont plan on consulting a lawyer, and yes we will probably just ignore things from here on out. Again, if this was a month or two after, and I felt they really did over pay her, I would have no issues. But over ~$500 or so, and having already paid/claimed taxes on it, and it being a year ago.....they can eat it as far as I am concerned. I agree that they waited too long. And likely because they got audited or something. No use for the employer in the near future. The employer is actually chase bank. I have a chase credit card that is the only card I use. And if things go bad, I will cancel that just on principal.

Thanks for the opinions. I wasnt really seeking legal advise here. Just some opinions ands "what woudl you do's"

 

[LD1]

Way out of line.

Agreed and thank you.

 

[murphy1244]

Too many people to quote and respond to.....



No letter was not certified. But she has already called them twice. Once to questioni t, and once to request copys of her last 4 pay stubs. So I am not sure this method would work.



First I ever heard of it too. But she indeed got sick time pay at full rate for whatever hours she missed. Same as vacation. Only difference is vaca was use it or loose it, and sck pay rolled over.





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.



Yes you are, And I will just ignore what you say unless you have anything productive to say.

To answer some of the other questions without quoting all, NO I dont plan on consulting a lawyer, and yes we will probably just ignore things from here on out. Again, if this was a month or two after, and I felt they really did over pay her, I would have no issues. But over ~$500 or so, and having already paid/claimed taxes on it, and it being a year ago.....they can eat it as far as I am concerned. I agree that they waited too long. And likely because they got audited or something. No use for the employer in the near future. The employer is actually chase bank. I have a chase credit card that is the only card I use. And if things go bad, I will cancel that just on principal.

Thanks for the opinions. I wasnt really seeking legal advise here. Just some opinions ands "what woudl you do's"

Don't cancel that CC card until you get back to work for awhile. Good Luck LD.

 

[haveissues]

I would do what Chase bank is good at-ignore people that they owe money to.