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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.
Linda aka: Faline
INTERCOT Staff: Vacation Planning,Trip Reports and Disney Camping
[email protected]
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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.
Three years in Connecticut and loving it
Next trip in Jan 2017 I hope!
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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.
-Bud
Walt Disney World:
9/03 - CBR
1/09 - BWV
9/05; 2/07; 12/07; 9/08; 9/09; 9/10; 9/11; 12/13; 12/17; 4/18; 10/18, 4/23 - PC
5/15 - POR
1/22 - ASMO
10/22 - ASMU
Disneyland: 12/15 - Paradise Pier Hotel
Next up: ???
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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.
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Call the labor board. They will be able to tell you how to handle it. They may actually handle it for you
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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-busine...wage-and-hour/
ºoºKathyºoº TimeShare 12-12
GKTW June 2011,Off site Feb/March 2011
Dolphin and POFQ 8/10
POFQ Sept 08
ASMu Aug-Sept 07
Dolphin & CS-12/05. Mousefest & Dis Cruise
Dolphin & POR July 04,WDW-Dolphin June 02Dolphin 6/2000
Swan 6/99 -Dolphin March 98, March 94
+many more times offsite
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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.
Next trip DLR in February 2014
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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.
ºoºKathyºoº TimeShare 12-12
GKTW June 2011,Off site Feb/March 2011
Dolphin and POFQ 8/10
POFQ Sept 08
ASMu Aug-Sept 07
Dolphin & CS-12/05. Mousefest & Dis Cruise
Dolphin & POR July 04,WDW-Dolphin June 02Dolphin 6/2000
Swan 6/99 -Dolphin March 98, March 94
+many more times offsite
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