# Employer paid me too much



## suimhneach (5 Jun 2008)

Just after noticing that my employer has paid me about 800 too much each month for the past 3 months, i was due some tax back so didnt realise that wasn't it till today. Anyways shoul i mention it? do i wait for them to find out?  I know im going to have to pay back, but will i have to pay it back at once cause frankly cant afford to to that and live, will they be able to stop it from my pay? Any ideas kinda paniced a bit at the moment trying to delay the inevitable


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## DavyJones (5 Jun 2008)

how can you not notice €2400? How much tax where you expecting back?. Ofcourse you will have to pay them back. Tell him/her that you noticed a mistake and they will probably be happy with your honesty. Any reasonable boss will make allowances to take back the money over time.

Alternatively, you could boldly walk into their office and thank him/her for the rise and tell them how your worth it


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## suimhneach (5 Jun 2008)

Was very easy actually not to notice it, god hate it when people on this site just give smart answers not funny and not helpful, and it thats the only bit of power you get in your lives its sad.  I asked a question didnt ask for a comedian


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## Dave Vanian (5 Jun 2008)

If the extra cash wasn't the tax back you were expecting, why not pay your employer back out of the tax back when you do get it?


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## Dave Vanian (5 Jun 2008)

suimhneach said:


> Was very easy actually not to notice it, god hate it when people on this site just give smart answers not funny and not helpful, and it thats the only bit of power you get in your lives its sad. I asked a question didnt ask for a comedian


 
This answers your question.



DavyJones said:


> Ofcourse you will have to pay them back. Tell him/her that you noticed a mistake and they will probably be happy with your honesty. Any reasonable boss will make allowances to take back the money over time.


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## sparkeee (5 Jun 2008)

yes you can get some sarcastic answers,anyhow,i think you should mention it,you will be liable to repay it at some stage,best nip it early, less to payback later.


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## ClubMan (5 Jun 2008)

The employer is entitled to it back. And they can probably claim it back under the relevant clause of your employment contract if/when they notice the discrepancy. Normally they cannot make deductions to your salary without your say so but this can be an exception if covered in the contract. Anyway - it's their money and its payment to you was simply an error. Just discuss it with them and get them to claw it back in whatever way is mutually acceptable and inconveniences you (from a cashflow point of view) least.


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## Purple (5 Jun 2008)

ClubMan said:


> The employer is entitled to it back. And they can probably claim it back under the relevant clause of your employment contract if/when they notice the discrepancy. Normally they cannot make deductions to your salary without your say so but this can be an exception if covered in the contract. Anyway - it's their money and its payment to you was simply an error. Just discuss it with them and get them to claw it back in whatever way is mutually acceptable and inconveniences you (from a cashflow point of view) least.


 I agree.
For those who think that you should keep it do they also think it would be OK for the employer to keep the money if they had underpaid their employee and the error was only noticed at a later date?


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## Mpsox (6 Jun 2008)

Yes you have to pay it back. Most employers are reasonable on this and would allow it to be paid back over a period of time
You'll need to discuss the tax implications of this as whilst you may have been paid €800 too much, if this was before tax you will have paid PAYE,PRSI and possbily pension contribution on this. You may be better off therefore for them to deduct from your salary rather then simply giving them a cheque

and yes, I can understand how this can happen ad not be seen, especially for people who have variable payments going in, such as overtime and commission


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## MsGinger (6 Jun 2008)

The employer is entitled to this money back.  Overpayments of wages are not dealt with in the payment of wages act 1991, so it depends on your contract of employment whether the employer can go ahead and deduct this from your wages without you agreeing with it.  My contract of employment states that any overpayment made in error can be deducted from wages immediately, once the company has realised their mistake.  Most companies will allow you to pay instalments though, and they may be more amenable to this if you bring it to their attention rather than the other way around.

From personal experience, people are very quick to ring up when they have been underpaid, but unfortunately not so likely to when they have been overpaid.


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## so-crates (6 Jun 2008)

> DavyJones said:
> 
> 
> > Alternatively, you could boldly walk into their office and thank him/her for the rise and tell them how your worth it
> ...


THIS is called sarcasm.


Seriously though suimhneach, your employer will be happy that you had the honesty and probity to volunteer the information and should be reasonable enough to accommodate repayment over time rather than as a punitive lump sum.


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## quarterfloun (12 Jun 2008)

I take it that suggesting you make a run for the border is not helpful then


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## GokouZWAR (18 Jun 2008)

I have a simliar question to this. My situation is I am no longer employed with the company. They direct deposited an additional check to my bank account. This direct deposit was done in error. They contacted me via phone to request the money back and I am 100% willing to cooperate with that request, but I asked for a written statment to be sent to me in case the unemployment office tried to deny my unemployment benefit due to the error. 

Now it has been 3 days and I haven't seen anything from them. I requested this statement be emailed to me (which I figured would take an hour or something), but they never sent it (or I never received it). At the time I requested this information, she got my email address and at the same time I sent her something so she could just "reply" to it because my email address is pretty hard to figure out sometimes. I never got back anything showing that my email was not received so I'm relatively confident that they got my address properly. I also informed them at the time that my paycheck had not cleared the bank (it was a pending transaction still). It has since cleared the bank now, but how long do you think I should wait before just keeping it? If they are unwilling to produce written documentation to their error what's a reasonable time frame I should wait? This assumes that requesting written documentation from them is something that's a lagitamate request from me. They've done a lot of shifty things in this company already and I merely want some kind of documentation. 

As it sits right now they've underpaid me by $40 per check since I started working there, but because of a technicality they got away with it. Basically, they agreed to pay me $13/hr and an additional $250/mo for purchasing my own insurance. They never stated on any of my paperwork that they were paying me $250 extra/mo. So basically I'm getting $170 extra/mo and not the full benefit they promised me (they were supposed to pay me $125 bi-weekly). At this point I'm pretty sure if I make any kind of legal action to get the extra money I was due they'll basically tell me I have to pay back the $170 extra I received each month instead of paying me the additional $80 they owe me a month. Even in my seperation notices they basically put down my pay rate was the gross total on my check instead of breaking it down since on my pay stubs it was never broke down. They even taxed me for the benefit along with my normal pay. They're being very careful to not mention the error. I think they know about it because other employees at the office also mentioned to me about being shorted as well while I was working there. 

Really at this point I have no remorse for their error and I'd rather just keep the money, make them take the expense to sue me for it and hit them one last time before they get their money back. But being an honest person I figured I'd give them the opportunity to get it back fairly even though they screwed me on so many levels during my employment.

So basically what legal recourses do I have?
What's a good time frame to wait before keeping the money?
If I end up keeping the money how should I report it to unemployment? (I never received a pay stub for it)
________________
GokouZWAR


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## WaterSprite (18 Jun 2008)

GokouZWAR, are you in the US?  If so, this board probably isn't what you want as it deals mainly with Irish topics (esp in relation to the legal stuff)

Sprite


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## purpeller (18 Jun 2008)

I notice you used dollars and the US spelling of cheque.  This is an Irish site and any legal advice you'd get would be related to our laws.


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## mathepac (18 Jun 2008)

@GokouZWAR - do you realise that this is an Irish site and the chances of you contacting someone proficient in (US ?) employment laws etc. is pretty slim?


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## GokouZWAR (18 Jun 2008)

Irish eh? Well ok! Won't be much help for me then I guess. Back to Google I go!  Sorry bout that.

GokouZWAR


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## REMFAN (28 Jun 2008)

I happened to check internet banking this morning and noticed my employer overpaid me today. I called the company and spoke to the CEO who rang me back saying the company accountant made an error and I was overpaid in around e1300 but they would have a total figure in the PM. He thanked me for informing the company the minute I noticed it and apologized. I dropped in a bank draft for e1200 to my boss, joking that I know I'm worth it but can't accept it She stated that she was glad my confidence was intact They'll contact me in due course regarding the balance.


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## ClubMan (28 Jun 2008)

Just curious...

Why did you have to phone you own employer instead of just talking to somebody face to face? 
Why did you talk to the _CEO_ rather than just _HR_/payroll?
Why did you not pay the full €1,300 back immediately since it was in your account anyway?
And why a draft rather than just a cheque or electronic transfer (which would probably be cheaper)?


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## REMFAN (28 Jun 2008)

ClubMan said:


> Just curious...
> 
> Why did you have to phone you own employer instead of just talking to somebody face to face?
> Why did you talk to the _CEO_ rather than just _HR_/payroll?
> ...


 
I'm on holidays at the moment and my line manager asked me to call HQ and speak to HR. HR person is on holidays also so reception forwarded me to CEO.Repaid e1200 as they were unable to tell me the exact amount I was overpaid (my weekly wages and pay rate vary). Submitted e1200 as they didn't know the full amount. I don't have a cheque book. Draft was e1.90, didn't think of electronic transfer. I was in the bank anyway.


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## ClubMan (28 Jun 2008)

OK - thanks. I was just curious about the details.


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## Yoltan (1 Jul 2008)

suimhneach said:


> Was very easy actually not to notice it, god hate it when people on this site just give smart answers not funny and not helpful, and it thats the only bit of power you get in your lives its sad. I asked a question didnt ask for a comedian


 

Jeez lighten up. Just pay back the money before your employer notices it and comes looking for it. Won't leave you red faced.


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## tink (1 Jul 2008)

Well Durrrr if you want to stay employed and on good terms you have to pay it back ! It will look bad already in how long you have left it ! A guy in my work was leaving and they paid him 6k extra by mistake ! He immediately noticed it and informed HR who were extremely grateful, he gave the money back and they gave him 100 euro one for all vouchers!


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## job hunt (15 Jul 2008)

Your employer is entitled to deduct it- where there is a clause in your contract saying this and also under statute where the monies have been paid as a mistake


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## ajapale (15 Feb 2011)

Similar question posed again today.


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