Posted on 12/08/2005 10:31:42 AM PST by Peepster
Ok, I'm sorry if this is a silly thread, but I'm looking for advice on the legalities of a situation and I'm not sure where to go. I figured there are a lot of freepers here who are pretty darn smart and combined with experiences, could offer some help...
Basically a big known company (name withheld) my husband worked for just sent a letter saying that they over paid him by $192 and are requesting it to be paid back.
He hasn't worked there since September 2005 and they are just now sending us this letter.
Do they have a legal right to request being paid back, when they made the mistake of over payment? Does my husband have to pay it back?
Anyone else have experience like this or know the legalities? Advice?
Exactly. Once I determine for sure it is owed, then we will pay it back. I wasn't trying to get out of that. It just seems fishy, that's all.
I worked for years in large offices and never had a problem with that. But honest mistakes happen.
It could be something simple - his last paycheck may have included payment for a few days that he wasn't there, for example. Also note that if he was overpaid $ 192, make sure that that would be a post-withholding overpayment before you return it. In other words, if by the book he was overpaid $ 192, that figure might inclde taxes that were withheld, so in fact he may owe just the take-home portion of $192. Otherwise, you would be paying back taxes that were withheld (and which you never saw) which would be the employers problem.
Asking for more details is fair and costs a 37 cent stamp and five minutes of time to write a brief 4 sentence letter. Just because they made a mistake doesn't mean the payment was a mistake - they could be making a mistake now, as I said.
Asking for the details and specifics on what the accounting error was in this case is fair and acting in good faith.
Keep us posted and good luck!
ok then. if its payroll related they are idiots.
theyve already filed all the payroll reports and they would be setting themselves up for additional work for any refunds/credits/adjustments to the different payroll agencies...all for $192.
Its almost year end...theyll have to issue you a W-2 that'll include the wage on it.
File your tax return and live your life.
That is exactly what would happen. Then, your credit rating could get messed up. You don't want that. Plus, why burn potentially friendly bridges with former co-workers? For this amount, my legal advice would be to go ahead and assure yourself that they have a factual claim, and then just settle it. Sorry.
Big companies will not purse $192. Ignore the letter and they'll right it off.
Wish I could help, but I'm an advice columnist, not an attorney. ;-)
If you feel that you owe the money and ought to pay it back, then do so.
Otherwise, ignore the letter. They can go pound sand. They won't be reporting it on your credit data, and they certainly are not going to file a suit against you for $192.
So forget about it, spend the money, and Merry Christmas.
I have a LOT of collection litigation experience as both a plaintiff and a defendant.
Really, just ignore it. If you hear anything else from them about it (other than a resend of the same letter), freepmail me and I'll be happy to share the benefit of my vast pro se experience.
I'm guessing, since he no longer works there, that this was something like a final paycheck where he was perhaps compensated for scheduled work he didn't do, or unused holiday leave, or something? Or was it merely a math error? If they overpaid him, and it's only been a couple months, not years, it seems like a timely request.
Not so. This is NOT a consumer debt. At best it is a civil court small claims dispute. Besides, if and when they get a call from a collection agency, they can deny owing the payment then.
There is no need to do anything now except spend the money. Really. There isn't.
Let me describe a little about this "friendly bridges with co-workers and burning bridges"...
That won't happen here. The co-workers my husband had, were friendly and he stays in touch with them. They however are loyal to my husband and not the company because they too dislike the company, if any are still there themselves, which I don't think they are.
Second, while employed there, my husband hurt his knee while riding in their company elevator because it jolted to a stop, literally. His hands were full, and he was using his foot to scratch the back side of his knee when this happened, so his knee got strained. They sent him to see a doctor and told him to use Workers Comp and gave him a case # and everything. So he goes to the doctor and the doctor's prognosis is that he did in fact strain his knee and pulled one of the tendans (or whatever they are called in medical terms) He is prescribed pain medicine and anti-inflammatory drugs and sent home to walk with a cane. My husband suffered for several weeks with a bad knee and now the companies insurance denied the Workers Comp claim, for whatever reason we don't know (no specifics given), and now that bill is on our doorstep. And because he was told to do everything via Workers Comp, he didn't give them his health insurance info at the time. So hopefully now, we can refer the bills to the health insurance my husband had at the time.
Then, my husband was diagnosed with bipolar disorder via one of the counselors through his work. He went to counseling because he was suffering from stress and having black outs, etc. Funny how less than a week after he is diagnosed with being bipolar, this company decides to discharge him. And their reason (which in AZ they don't need a reason), was they claim he messed up calls (he did cust service) and yet there was never any warning, verbal or otherwise on this instance either.
Now, my husband was a great employee there and was at the top stats of everyone in his department. I find it really weird and strange that less than a week after being diagnosed they decide to discharge him for BS reasons never brought to his attention before.
And then now we get this over payment bs letter. So you tell me how I'm supposed to feel and what I'm supposed to think when this company doesn't stop giving us grief?
What good are you then?
Ah....comic relief?
Oh yes they will! Especially if all the facts are on their side. I worked in a corporate legal department and we did that kind of stuff all the time. If the facts are sketchy, then maybe it wouldn't be worth it, but if the case is rock solid, a big company would pay anything to get paid just based on principle. The word can't get out that the company won't chase down money it is owed. Bad for business.
Send them an invoice for the $192 for "Professional Services" and mark it as "PAID" with a thank you note.
Well, if our experiences are different, then they are different. I don't think something being a consumer debt is relevant as to whether a collection agency can be involved, at least not in my state. We did it, so... Besides, denying a debt to an agency might buy you time, but it won't buy you peace.
I was more focused on the fact that this is a bank. What kind of company is going to be most likely to chase down every penny? You are right in that there is no need to immediately panic. A final demand/"or else" letter will be needed before anything would happen. My basic point is that it just isn't worth the trouble that could happen. Plus, if it is really owed, then what should a good Freeper do?
Dear Big, Nasty Company:
According to my records your request for xxdollars is in error. If you will submit copies all of my payroll records and indicate clearly where the records show the alleged overpayment, your request will be given further consideration.
Sincerely,
I have already that she should pay if she believes her husband owes the money. She apparently does not.
This not being a consumer account, I cannot imagine the bank including this in the database of delinquent accounts that they would turn over to a collection agency.
But we can agree that if she is not going to repay the money, that she should not do anything until the company kicks it up to the next level. Which I am willing to bet they won't.
You are fully entitled to a written explanation as to any denial of coverage. If you want one, the surest way would be for you to request it in writing, and send it certified. One possibility is that the claim may lie more properly with the building owner, if it isn't the bank. I was in that exact situation myself after a slip and fall in the parking lot. I was lucky in that both the building owners and my WC offered to fully cover. I wish you the best in getting a resolution to the bill.
Was the only diagnosis through company personnel? And this after the knee injury?
When you say "blackout", what precisely do you mean?
I may be wrong (I am not a doctor, and hopefully one will help me out here), but I though Bipolars were basically manic/depressive. If I am correct in that, was he showing these behaviours? Or might his problems be either stress related or caused by other physical problems.
Funny how less than a week after he is diagnosed with being bipolar, this company decides to discharge him.
I would seek a second opinion on the bipolar diagnosis.
I know you did, and I did not mean to imply that your advice was to skirt a debt owed.
This not being a consumer account, I cannot imagine the bank including this in the database of delinquent accounts that they would turn over to a collection agency.
From a practical standpoint, you could very well be right. I'm just saying that if there was any bad blood involved, and if the general counsel has a chip on her shoulder (like mine did), then you can never be sure. And, come to think of it, with the additional information from Peepster giving potential to a wrongful discharge or EEOC claim, they really might not pursue it. Perhaps it would be best to wait for a further letter.
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