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

   / Employer claims to have overpaid final check...What to do #51  
Are you a Lawyer?

Holiday Inn Express..


But, are you and the other who are giving advice? So why should I be? I have a lot of experience in this type of stuff being a disabled vet and all.. You know, fired, in debt, lawyers, bankers, collectors, bankruptcy, compensation, wrongful termination, VA, SSDI, etc, etc all while trying to walk again, kinda thing.. Where the advice the others are giving coming from?
 
   / Employer claims to have overpaid final check...What to do
  • Thread Starter
#52  
NO pay stubs left, other than her last 4 which were copys they sent to us as per our request...

No doubt the stubs show an over payment. The pay cycles were 1st-15th of the month. She left oct 4th last year, and received a full check for her last one. Again, we assumed it was just the balance of vacation and sick pay. We never actually got stubs, everything was online. The amount deposited into the bank account looked like what we were expecting, so we never looked further.

The copys of the stubs we got do show YTD totals for vacation pay, AND sick pay. Knowing her hourly rate, it is easy to compute the hours. She was paid 67 hours vacation, and 49 hours sick pay in 2012. They claim they only owed 60 hours vacation, and no records of the sick pay.

So we know what she WAS paid, but no record of what she had left. And she feels she had at least as many hours if not more, than was overpaid. Just not sure how to prove it. She is going to call them again and question the sick pay. First, to find out how many hours you get each year "standard", and second, why she wasnt paid out for them.

Not too concerned about the credit thing. Her credit isnt too great anyway, over a cell phone ordeal with sprint back in march (if some of you remember). No plans to borrow money again, and only owe on the house.
 
   / Employer claims to have overpaid final check...What to do #53  
For $ 560 I doubt. They can't even get their lawyer to pick up the phone for that.

They dont have to. If they dont already have a collection company they could still simply sell it to one of them for pennies on the dollar to recupe some of the loss then wash thier hands of it. The Collector will then come a calling..
 
   / Employer claims to have overpaid final check...What to do #54  
Holiday Inn Express..


But, are you and the other who are giving advice? So why should I be? I have a lot of experience in this type of stuff being a disabled vet and all.. You know, fired, in debt, lawyers, bankers, collectors, bankruptcy, compensation, wrongful termination, VA, SSDI, etc, etc all while trying to walk again, kinda thing.. Where the advice the others are giving coming from?

I'm not giving Legal advice I'm only giving a opinion. No hard feeling thou.
 
   / Employer claims to have overpaid final check...What to do #55  
NO pay stubs left, other than her last 4 which were copys they sent to us as per our request...

No doubt the stubs show an over payment. The pay cycles were 1st-15th of the month. She left oct 4th last year, and received a full check for her last one. Again, we assumed it was just the balance of vacation and sick pay. We never actually got stubs, everything was online. The amount deposited into the bank account looked like what we were expecting, so we never looked further.

The copys of the stubs we got do show YTD totals for vacation pay, AND sick pay. Knowing her hourly rate, it is easy to compute the hours. She was paid 67 hours vacation, and 49 hours sick pay in 2012. They claim they only owed 60 hours vacation, and no records of the sick pay.

So we know what she WAS paid, but no record of what she had left. And she feels she had at least as many hours if not more, than was overpaid. Just not sure how to prove it. She is going to call them again and question the sick pay. First, to find out how many hours you get each year "standard", and second, why she wasnt paid out for them.

Not too concerned about the credit thing. Her credit isnt too great anyway, over a cell phone ordeal with sprint back in march (if some of you remember). No plans to borrow money again, and only owe on the house.
In this case, I would ask them to actually prove the numbers they used in the calculations. If they cannot, then tell them to push sand. Do not tell them you have proof though, as they will want to see it. They know that if they do not have the actual numbers to show a court, it will not fly. Just dont tell them you dont have it either ;)

Good luck..
 
   / Employer claims to have overpaid final check...What to do #58  
In this case, I would ask them to actually prove the numbers they used in the calculations. If they cannot, then tell them to push sand. Do not tell them you have proof though, as they will want to see it. They know that if they do not have the actual numbers to show a court, it will not fly. Just dont tell them you dont have it either ;)

Good luck..

That's what I think too. and its pound sand.
 

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