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Home > Careers & Employment > Law & Legal > My work overpaid me, without me knowing!! Now they want it back!?

My work overpaid me, without me knowing!! Now they want it back!?

Category: Law & Legal

LookslikeBarbieactslikeGIJoeLookslikeBarbieactslikeGIJoe


I had changed my claim from 0 to 5 on my taxes about 6 months ago. My checks were $300 more biweekly. I figured that was normal when you change your person claims. Now my work told me they have over paid me $3,200 in the last 6 months. They said it was my fault for changing my claim??? Now they want to garnish my wages for the next at $400 for the next 15 biweekly pay periods!? What can I do???

Brad
Brad

This doesn't make sense as to why your work should even care. The change in the number of dependents on your W-2 should only effect what you set aside for your your annual income tax amount which gets trued up when you do your tax return. Your company should not care whether you choose to overpay your taxes and get a refund at the end of the year OR if you underpay your taxes and thus will owe money when you file your tax return.

I would ask HR at your company why this is such a problem and why you're being told to do it this way. Do your homework and make sure that what they are telling you is true; you'd be surprised how often HR reps start spouting stuff that they don't even know anything about. If you're still unsure then I would contact a tax accountant, these people will know the law inside and out and will give you the right answer.

Something isn't right, or we aren't getting the whole story, if they "overpaid" you $3,200 yet they want to garnish $6,000 ($400*15).

Good luck

Julia
Julia

Try consulting with a lawyer in one of those "free initial sessions" they're always touting on television. They'll provide you with a basis on how to proceed.

Patrick
Patrick

I get some legal advice before i do anything and i would not give any money back at all until all matters is looked into very carefully at every angle of the situation may ask family for help into this matter and go from there.Last option may have to see a lawyer if it goes in that direction for more legal help on legal issues on your claim.

Praxsta
Praxsta

Go to court

LadyCatherine
LadyCatherine

Find out the real amount that you were suppose to be paid. and IRS person should be able to help you. or someone that does payroll. then see if it matches what they are saying you owe them..if it does make an arrangement with them to pay it back but in smaller amounts..

if the amount is wrong that they are saying you owe them, then have documentations that say the real amount you owe them. and if it comes down to it, talk to a lawyer.

michr
michr

If the employer can prove there was an actual mistake they can take their money back, this is generally done a little at a time....

they must provide documentation of how much you were overpaid, and why you were overpaid....

who was at fault is IRRELEVANT but the fact is the employer is responsible to make sure you are paid corectly no matter what the reason for the error was.

when they recoup their money (assuming anything is owed back)

they generally can not take your wages below minimum wage for each week without going to court and obtaining an order for the garnishment. a garnishment usually can not exceed 25% or your disposable income....

as long as you get this worked out and repaid in a reasonable amount of time they probaly will not even attempt to get that court order.

what did you do with all the extra money? did you save any of it?

if you were shorted on your checks you would expect to get your money owed wouldn't you?

it is safe to say you want the employer to get back what was paid to you in error, and they rightfully should. just be sure of how much you were overpaid, make them document the overpaymnet. you should have no problem working out restitutuion once the employer presents the documnetation required and you know how much you were actually overpaid.

if your employer is or becomes unreasonable contact your states department of labor for assistance.......there is absolutely NO reason to consult an attorney at this time, the state will let you know if an attorney will be needed in your case. the state will ensure that you are paid correctly and the employer folows the law in regard to how the recoup their overpayment.....

stfutexas
stfutexas

That's a crapload. Leave the country and start a new life with that cash!

xDarkAngeL
xDarkAngeL

Burn you job place up.


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