Anyone know where I can find out about employment law?

[LauraF]

I'm looking for places to hunt down the answer in my internet research. (I'll be hunting down the librarian today too!) I know this may be a long shot, but we are diverse group of folks here. :D

Long story short - I got overpaid on my last paycheck and my previous employer has been no help sorting this out. Being honest, I don't feel right about keeping the money.

I live in Massachusetts and I quit a job in Rhode Island (since that could affect things). I'm willing to pay them back the balance, but it's been 4 weeks since I let them know initially and they have not responded after repeated calls. I don't want the money to sit doing nothing (I AM keeping the interest it earns :D) and then have them demand it back when they close their books. It is almost enough to pay for a WDW trip . . . :mickey:

Is there a statute of limitations on this sort of thing? Anyone have any idea where I can start researching an answer to this?

Thanks!

[faline]

Especially since you notified your employer of the mistake, your employer should be working with you to correct the issue. To insure your year end payroll records are correct (for tax purposes, etc), it is most often easiest to take the overpayment from future paycheck(s) to correct the problem. It's unfortunate they have not responded to your phone calls.

Have you put the issue in writing? If not, I would suggest that you do citing the amount that was overpaid to you and your willingness to repay the money but also indicating a date by which you expect to hear back from them in order to come to a resolution of the issue.

I don't kow the answer to your question about a statute of limitations.

[Mrs Bus Driver]

Sounds like good advice to me. Yes put it in writing and give them a date to protect yourself. Don't know if it is worth it but maybe a lawyer with a low consulting fee to advise you. I have had to be my own lawyer in the past and found that the law doesn't always say what you think it does, that is the main reason to check with a lawyer. Oh just remembered there is an excellent website "askalawyer.com I believe just google it. The fees are low and you will get good advice. Hope this helps. :mickey:

[PopPhan]

Could it be that you were not actually overpaid, but rather were paid for accrued vacation or personal time, or possibly an advance on a yearly bonus?

I think you have done the correct thing in notifying them and setting aside the amount of overage, but, as faline stated, written documentation would be beneficial in the event that it comes up in the future.

[LauraF]

Thanks all. That was my gut feeling too - send them a (nice) letter. It's just a pain since I no longer work there and can't visit the AP team in person to get an answer. It's sourced out to a call center somewhere.

Yes it is definitely overpayment - they paid me for 160 hours, when I only worked 40 that month. I wish it was my vacation/PTO being paid out. That'd be awesome. :mickey: But the law in RI is that it has to be cut separately, and I already got that check.

I'm just expecting taxes to be ever so much fun now . . . sigh. Documentation, documentation and more documentation! :ack:

I'll keep looking into the laws - thanks for the pointers.

[dnickels]

If there is a statute of limitations it's certainly going to be measured in years. Before that ever hits they'll realize what they did and want the money back so don't spend any of it.

Send them a certified letter or CC yourself on an email to someone in HR or AP.

With it still being June it should get straightened out before 2013 is over so it shouldn't add any additional tax headache.

[Zippy 1]

Call the labor board. They will be able to tell you how to handle it. They may actually handle it for you

[PAYROLL PRINCESS]

Here is the website for the MA Wage& Hour. They should be able to direct you on who to call especially since this involves living in MA but working in RI. I know when I've overpaid someone, I would let them know I'd be deducting it from their next check. However, since you are no long with the company, that's not an option. But they can figure out what you should have gotten paid, and what you've been overpaid.

You could send them a check for the difference. In the actual record keeping system, they would need to void the original entry and put in the correct amount that you got paid. But they would need to tell you the actual amount overpaid. This would be reflected at year end when you get your W2 with the correct amount you were paid.

If it was in a separate quarter, they would need to pay to have the taxes adjusted with the IRS etc, since you don't have any wages going forward. That might be why they are dragging their feet. It can cost a bit of money, especially if it involves two different state taxes-worked in and lived in.

I would document everything, either via a registered letter or an email.

http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/

[LauraF]

Thanks!
I ended up coming across that site too. Appreciate the pointers!

Some good news - after 5 (FIVE) calls to their outsourced HR, I finally got them to understand I was overpaid. We got it all settled, though it took them a month to cash my check (more interest for me).
Whew.
Now to watch at tax time and make sure they told the government the correct pay I received.

[PAYROLL PRINCESS]

You definitely want to keep an eye on your W2 at year end. If they didn't make the correction in the payroll system, it will be wrong.