Payroll mistakes - Chicagoland Sportbikes
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post #1 of 14 (permalink) Old 05-05-2004, 10:23 AM Thread Starter
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Payroll mistakes

Since we've already determined that I have very very bad luck...here's a tale for you.

So my old job (thru 11/30/03) calls me yesterday and says "we accidentally paid you in January, we think." So I check my bank statement and, yes I was paid (direct deposit so it went unnoticed by lazy me who never balances checkbook).
I'm not even entirely sure the payment WAS a mistake. Also, I'm not sure (1) how to find out the truth and (2) what my rights are in this situation. It looks as if I'm going to owe them $2000. Yup you read that right.

I replied to them and just simply said I wouldn't disucss it further until they sent me documentation via postal mail.

Anyone know about this kinda stuff?
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post #2 of 14 (permalink) Old 05-05-2004, 10:27 AM
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When you sign the direct deposit thingy, you are giving them the right to go into your account and deduct any over payment from your account. They should just go ahead and do this, you don't have to do anything. (that's why I hate direct deposit-I don't need anyone having access to my account)

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post #3 of 14 (permalink) Old 05-05-2004, 10:32 AM
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Allison,

I'm not sure but I'll find out. But, I think, the burden is on them to prove that they overpaid you. I would try to gather all direct deposit stubs you have plus what was your last working day and all your check statements for your employment with them. Plus get yourself Microsoft Money, makes balancing your check book easy and painless.

Rick


PS When the hell did you date Jeff? Your in Texas and he's here?

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post #4 of 14 (permalink) Old 05-05-2004, 10:36 AM Thread Starter
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1) there's nothing in there for them to take.
2) I NEVER DATED JEFF!!! I have an ex named Jeff, here in college station, but that's not important. The Jeff you know THINKS he could date me, but then he knocked Van Halen. We might have to go to couples therapy for that.
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post #5 of 14 (permalink) Old 05-05-2004, 10:39 AM
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Quote:
Originally posted by ill_ag
1) there's nothing in there for them to take.
2) I NEVER DATED JEFF!!! I have an ex named Jeff, here in college station, but that's not important. The Jeff you know THINKS he could date me, but then he knocked Van Halen. We might have to go to couples therapy for that.
He knocked Van Halen That boy isn't right I'll smack him at Strats tonight

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post #6 of 14 (permalink) Old 05-05-2004, 12:55 PM
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I kept getting paid for 2 months after I left an employer. They finally realized their misstake a year later and sent a collection agent after me, then another, and another. I think my account has been passed to 4 different collection agents. I just ignore the letters. plus I've move a couple times since then so I dont think they know where I am. I don't know if that advice or not but it's been 3 years and I havent been sued yet.

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sometimes you only have to pay a little, mostly it's alot, once in a while it's all you have.
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post #7 of 14 (permalink) Old 05-05-2004, 01:01 PM
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I wouldn't think they could take money out of your account if they overpaid you...it is direct deposit, not an automatic withdrawal that you signed, so that's why they need to ask you for the money (they can't just reach in and take it, even if you had it).

I had my employer pay me 4 hours of overtime that I never worked, and they just corrected it on the next paycheck. They couldn't just withdraw that amount from my bank account. So, don't worry about them taking any money from your account (if you're now concerned whether to put any money into the account). I think Pirate is thinking of the automatic withdrawal authorizations, not the automatic deposit slips you fill out.

On a side note, Rick, are you a lawyer?? If so, I have a similar question, but it is about what you can do when your employer UNDERPAYS you and doesn't correct the mistake. Got any info for that??

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post #8 of 14 (permalink) Old 05-05-2004, 01:12 PM
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Quote:
Originally posted by AmbeRR
I had my employer pay me 4 hours of overtime that I never worked, and they just corrected it on the next paycheck. They couldn't just withdraw that amount from my bank account. So, don't worry about them taking any money from your account (if you're now concerned whether to put any money into the account). I think Pirate is thinking of the automatic withdrawal authorizations, not the automatic deposit slips you fill out.
No, I'm talking about the form that you fill out from your employer verifying your checking account # so they can atuomatically put your pay check into your account rather than handing you a check and letting you deposit it. By signing the agreement, it says that they have the right to go into your account and make any adjustments that they need to. Trust me... read the fine print.

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post #9 of 14 (permalink) Old 05-05-2004, 01:13 PM
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I think employers can reverse a direct deposit. I was paid the wrong amount once. The payroll dept reversed the wrong amount and then deposited the correct amount. I don't think they could just go into your account and take out whatever they wanted. I would think that the direct deposit agreement is dissolved when you leave the company. I am sure they will want you to send them a check. Make sure you don't have to pay taxes on that money if you give it back.

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post #10 of 14 (permalink) Old 05-05-2004, 01:15 PM
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Allison,

How about you just close that account and open another....maybe even a different bank. Personally I don't think have a foot to stand on. Think of it as a severance package for leaving or the bonus you were never paid, etc...

"and yes, I will be serving strawberry shortcake right out of my bikini bottoms. just come on by with a spoon and scoop it out of my ass crack." ill_ag

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post #11 of 14 (permalink) Old 05-05-2004, 01:17 PM
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Quote:
Originally posted by Pirate
No, I'm talking about the form that you fill out from your employer verifying your checking account # so they can atuomatically put your pay check into your account rather than handing you a check and letting you deposit it. By signing the agreement, it says that they have the right to go into your account and make any adjustments that they need to. Trust me... read the fine print.
It's different from place to place. At my work, you have to sign paperwork for them to take it out. They even say they cannot take money out by law too.

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post #12 of 14 (permalink) Old 05-05-2004, 01:27 PM
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My employer DOES NOT HAVE the authority to take money out of my account. I don't think I've ever heard of any employer being able to but that doesn't mean I can't be wrong. On the other hand I would keep track of that stuff or be prepared to pay. It's not your money.

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post #13 of 14 (permalink) Old 05-05-2004, 01:31 PM
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I agree with Brian. You'd probably be prepared to pay your old employer back.

BTW: Allison, how did you NOT know you had an extra $2000 in your account?

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post #14 of 14 (permalink) Old 05-05-2004, 01:45 PM Thread Starter
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Quote:
Originally posted by Chills
BTW: Allison, how did you NOT know you had an extra $2000 in your account?
I was staying up in Chicago when the error was made, so never saw my bank statement until I got back to TX. Also, between student loan disbursements and multiple paychecks from working multiple places over the holidays, there was just a lot going in at the time. Plus, the student loan disbursements came in from the same place as my payroll-- the school I go to is the same place I WAS working before I went back to school.

Which leads me to another issue-- I CAN'T ignore it, because they can hold my degree if I don't pay. Not that I would ignore it. I really don't want to keep $ that's not mine-- however, I don't want THEM telling ME how to pay it back and on what schedule and in what amounts, etc. Frankly I think it is THEIR mistake and MY life shouldn't have to change drastically (i.e. scraping for $) because of their error. I think that I should be allowed to pay what I can, in good faith, and no more.

If not having the $ asap is a problem for them, well, then that's what insurance is for.
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