Paycheck errors

[V8 Beast]

I have a quick question because I'm having trouble finding an answer. Is there a limit to the amount of time a company has to fix a payroll error? I'm asking because mistakes were made on my paycheck back in 2005. Recently they found the errors and took the money back. The errors occured over a 4 pay period span back before we started entering our own timesheets. I never questioned my paycheck because we had people that were paid to enter them correctly. The worst part about it is was the money was taken without warning. Looking at my bank account to see my check was shorted by $800 was not fun.

 

Any help on the matter would be appreciated.

[Skinner]

Honestly I would say talk to your payroll department.

[Buck531]

They "fixed the glitch"

 

lol.

[KillJoy]

I would bitch.

 

Your taxes were calculated on that $$$. Then AND now.

 

KillJoy

[V8 Beast]

wait.. so they paid you too much, then out of nowhere took it back? am I reading that right?

 

When I was first promoted in 2005 it took them a month to get me updated to salary. During that time I worked O.T. and a holiday because we needed help bad. Considering I wasnt given the title yet I figured I would work and make the extra money. Plus my boss said it was ok. Well when they put my effective date in the system they backdated it a month. Since I made 10% for working nights, and the raise was 10% there were no backdates in pay needed. Almost 3 years later they get a new system and the next week my money is gone. Talking to payroll was a waste of time. and my boss at that time no longer works for us.

 

There were a few days I got so pissed off I didnt come in and told them it was because I couldnt afford gas. Knowing how bad they messed me over nobody said anything about it. Now I'm just wondering if what they did was/is legal.

[BloodRed]

I will talk to our HR person when she gets in this morning. Just wondering, what kind of business this is? Corporation? Publicly traded company?

[KillJoy]

I would invest a small amount w/ an attorney.

 

KillJoy

[Akula]

Just notify HR/Payroll and your managment in writing that you will be hiring a tax accountant to correct the inaccurate return you filed and they will be paying for it as you didn't make the mistake. I think they will figure out that it will cost them way more.

[Dammit Charlie]

Just notify HR/Payroll and your managment in writing that you will be hiring a tax accountant to correct the inaccurate return you filed and they will be paying for it as you didn't make the mistake. I think they will figure out that it will cost them way more.

 

+1. Not your fault for their mistake, why should you pay for thier mistake.

[SpaceGhost]

I don't think it will effect his taxes in 2005, think about it he made that money then and filed it wasn't taken away in 2005. Now it only effects his income this year, being 800 lower. So the change would reflect this year.

[Supplicium]

Same thing just happened to me but it was not over such a long period and it was only for $80. HR notified me a week in advance that they will take 80 from my up coming check and they apologized 3 times for the mistake. I thought they handled it well so it really didnt matter but in you're case $800 without notification is a different ball game.

[Lustalbert]

Perhaps it is time to extract $800 worth of enjoyment from the person that entered the deduction for your check without warning.

Use whatever method you prefer for the extraction, my personal favorites include the Louisville Slugger, and bowling ball to the crotch.

[V8 Beast]

I will talk to our HR person when she gets in this morning. Just wondering, what kind of business this is? Corporation? Publicly traded company?

 

Verizon Wireless. HR, and payroll didnt budge. I even asked if they could stretch it out over 4 checks and they said no. I bet if I would have moved on to a different company they would have ate the charges.

 

I like the idea about the accountant. I will try that one.

[Drewhop]

I think 800 dollars is a serious problem just taking back without warning.

 

Disgruntled would not fit the term. Insane would be a better description if that happened to me.

[V8 Beast]

I think 800 dollars is a serious problem just taking back without warning.

 

Disgruntled would not fit the term. Insane would be a better description if that happened to me.

 

Their excuse to that was the amount of money I make. My response, it's still $800!!!!!!

[Drewhop]

This is something grabbed from another forum called laborlawtalk. Just random search and is based on California law but here is what i found.......

 

 

I will only address the issue of "If I improperly overpaid an employee, can I deduct the overpaid amount from her paycheck?"

 

From Hudgins v. Neiman Marcus Group, Inc., 34 Cal. App. 4th 1109:

 

[T]he Labor Commissioner has held that, although employers may deduct installment payments from an employee's paychecks for a debt owed to the employer with the employee's prior written consent, they are not entitled to a setoff for the balance of the indebtedness against the final paycheck of an employee who has terminated his or her employment.

-- End quote

 

Thus, in order to withhold these overpaid wages, you must either have the employee's written consent or have a valid court ordered garnishment order. The reason is that the garnishment laws provide certain basic minimums that the employee must be paid. However, even if you complied with these basic minumums, you would still need the employee's consent before any deduction was taken.

 

I will note that there is some authority to withhold clearly unearned portions of pay from an employees check. However, a recurring overpayment lasting years in duration would likely not qualify as "clearly unearned."

 

Michael Tracy

Attorney

http://www.gotovertime.com

 

 

Disclaimer: The above response is a general statement of California law. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

 

 

So basically yes they can deduct it but only....

A. If you agree to it with something you signed during hiring.

B. Signed off stating it was ok to deduct it even if you signed something when being hired.