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  1. #1
    Join Date
    Oct 2014
    Posts
    4

    Default Returning an Overpayment of Wages

    My question involves employment and labor law for the state of: North Carolina.

    My husband and I both have part time jobs at a local gym. He picked up our checks and deposited them (we have separate bank accounts) and I noticed that my check was too much. The VP called me, and I agreed that it was incorrect and I would repay the money. He wanted me to come right then, was yelling, hanging up on me, kept calling me. The check was for $711 and some change. I ended up quitting and he in turn banned me from the gym. In writing, wants to refund my $199 paid in full membership. Now they are also holding 3 of my small paychecks. Yesterday, the payroll lady called me, long story short, I told her, I would happy to mail the difference (about $377) and be done with it.
    She informs me that I have pay the $711 in full, cash or money order, or they will file criminal charges on Monday. I didn't steal the money, I didn't even deposit it, and I am trying to make it right, but I don't think this is fair? Any words of advice would be greatly appreciated. (I have also saved all the texts and emails stating the above amounts)

  2. #2
    Join Date
    Oct 2006
    Posts
    16,389

    Default Re: Overpayment vs Money Owed

    Quote Quoting bstrong
    View Post
    My question involves employment and labor law for the state of: North Carolina.

    My husband and I both have part time jobs at a local gym. He picked up our checks and deposited them (we have separate bank accounts) and I noticed that my check was too much. The VP called me, and I agreed that it was incorrect and I would repay the money. He wanted me to come right then, was yelling, hanging up on me, kept calling me. The check was for $711 and some change. I ended up quitting and he in turn banned me from the gym. In writing, wants to refund my $199 paid in full membership. Now they are also holding 3 of my small paychecks. Yesterday, the payroll lady called me, long story short, I told her, I would happy to mail the difference (about $377) and be done with it.
    She informs me that I have pay the $711 in full, cash or money order, or they will file criminal charges on Monday. I didn't steal the money, I didn't even deposit it, and I am trying to make it right, but I don't think this is fair? Any words of advice would be greatly appreciated. (I have also saved all the texts and emails stating the above amounts)
    I don't believe that this is a criminal matter. I believe that its a civil one.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,001

    Default Re: Overpayment vs Money Owed

    Bring them a check for the amount that you think you owe and tell them to pound sand if they don't agree. It was their mistake not yours and someone is just trying to cover their arce. Nice place to work.

    And how will this effect your husband's employment?

  4. #4
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Overpayment vs Money Owed

    My husband is so upset he is ready to quit also. We don't do what we do for the money, only to help people. He doesn't want to just leave the people he has been training, and I wouldn't ask him to. I have never tried to avoid this situation, only resolve it, even through their unprofessionalism. I hold positions in my community- (Sunday School Teacher, Relay for Life-Youth Enhancement Coordinator) and I don't want any criminal charges for anything to be thrown my way.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Overpayment vs Money Owed

    The problem is (likely) that they cannot keep your checks as repayment of what you owe them for the overpayment. If nc is like many other states they cannot withhold pay without a signed agreement to do so so what that means is they have to give you your regular paycheck but they are owed the amount over paid


    So set up a meeting where you hand them whatever the overpayment is and they hand you your paychecks. The gym fee is a totally seperate issue.

  6. #6
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Overpayment vs Money Owed

    but they are holding my checks, for about 2 weeks now. Is this is criminal issue? I didn't steal anything, they messed up my check. I had a payday loan that ate that money up, and I would have to do another loan to pay it back by Monday.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Overpayment vs Money Owed

    neither is a criminal issue at the moment and it is unlikely either will be considered a criminal issue.


    ok, they are holding your paychecks. They can't do that but just the same, you owe them money and it appears you owe them more money than they owe you so, set up an appointment where you can pay them what you owe and they can give you your paychecks.

    If course you could simply make a demand for your paychecks and blow them off about what you owe them. They then have a right to sue you for the money. Whether it ever becomes a criminal issue will be determined by the exact details but again, generally these do not become criminal issues.

    and through all of this, I suggest husband plan on leaving their employ as well.


    Your issue with your payday loan is not their problem. That is all yours.

    I love this statement though, especially given you have seen the need to take out payday loans:

    We don't do what we do for the money, only to help people.
    It is obvious you do do it for the money.

  8. #8
    Join Date
    Oct 2014
    Posts
    4

    Default Re: Overpayment vs Money Owed

    Wow! Thanks for you advice. A bit harsh at the end. The gym job was a part time job that I only made about $45 every 2 weeks on. I work full time but have a few recent set backs that I did advance from myself. I get paid in 8 days, but I do not have $700 laying around.
    I'm getting a cashiers check and paying the full amount back Monday. Then I will deposit all 3 of the checks they owe me. I was simply trying to see if I could pay the difference or have some time to come up with the full amount up front.
    Thanks everyone for your help!! Have a great day!!

  9. #9
    Join Date
    Mar 2012
    Posts
    1,358

    Default Re: Overpayment vs Money Owed

    Quote Quoting jk
    View Post
    So set up a meeting where you hand them whatever the overpayment is and they hand you your paychecks. The gym fee is a totally seperate issue.
    While this is perfectly ok, I personally wouldn't do it. Exercise your right of offset. Just pay them the difference. In a situation like this, I can see the gym people being so upset that they'd stop payment on the check. By paying the difference, you don't have to sue or deal with any bounced check charges, and if the gym decides your calculations are wrong, let them be the one doing the filing, the serving, and paying the court costs for hopefully something that doesn't put one extra dollar in their pocket.

    I'd also be reluctant to pay them the gross amount if taxes were withheld. Happened to my friend where she was paid $400 too much by her employer. She paid back the gross amount. Then about 6 months later she quit for a new job. Then come W2 time, her income is over stated by, you guessed it, $400. Since it was the next year, she was no longer an employee, and had no leverage, the company wouldn't fix the error, and she was out the income tax and social security tax on $400 that she never received. While the amount made it not worth fighting, it's something that can happen and did, and that is why I'd hold back some extra to incent the employer to fix things.

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Overpayment vs Money Owed

    Quote Quoting bstrong
    View Post
    My husband and I both have part time jobs at a local gym. He picked up our checks and deposited them (we have separate bank accounts) and I noticed that my check was too much. The VP called me, and I agreed that it was incorrect and I would repay the money. He wanted me to come right then, was yelling, hanging up on me, kept calling me. The check was for $711 and some change.
    If I understand correctly, you are indicating that your husband deposited the check, supposedly without noticing it was for vastly more than the usual @$45, and vastly more than you could have plausibly earned. You then noticed the overpayment and contacted the gym. You were told to repay the check and that you would be paid the correct amount. You then refused to return the money, quit, and used the money to pay off a personal loan.
    Quote Quoting bstrong
    Now they are also holding 3 of my small paychecks.
    You picked up a paycheck and quit the same day. How is it that you have three subsequent paychecks? Are you actually an employee, or are you an independent contractor with these "paychecks" reflecting your commission?
    Quote Quoting chyvan
    View Post
    While this is perfectly ok, I personally wouldn't do it. Exercise your right of offset. Just pay them the difference.
    There are a number of problems with your suggestion. If the $711 was paid as a paycheck, there are issues of incorrect withholdings that would need to be addressed by the employer. The employer would be very reasonable in wanting to reissue corrected paychecks, in association with its correction of the payroll records for the pay periods at issue. There is also no way for the employee to determine the exact amount that must be repaid under your scenario without communicating with the employer, and the employer has no implicit right to keep a paycheck or have the amount of the paycheck credited back to its general accounts. While it may be possible to work something out with the employer whereby the right to subsequent paychecks is formally waived based upon their being deducted from the prior overpayment, that's something that should be accomplished through mutual discussion and agreement, and should be documented in writing.

    If this is an independent contractor relationship, such that we're not actually talking about paychecks, absent backup withholding it would be much easier to balance the books in the manner you suggest.

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