Salary overpayment
Discussion
Hello
Not sure on this... any advice appreciated
My girlfriend quit her job, she informed them in writing etc all done properly. no problem.
They paid her for the hours she worked, but also an additional 8 hours, for which she has not worked, but was never contracted to anyway. They have simply paid her too much.
They are now requesting she pay it back. But Im not sure she has to?
Not sure on this... any advice appreciated
My girlfriend quit her job, she informed them in writing etc all done properly. no problem.
They paid her for the hours she worked, but also an additional 8 hours, for which she has not worked, but was never contracted to anyway. They have simply paid her too much.
They are now requesting she pay it back. But Im not sure she has to?
Check her contract to see if it states anywhere about payments.
"If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"
But as the previous comment its 8hrs of wages, do then honest thing.
"If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"
But as the previous comment its 8hrs of wages, do then honest thing.
warnerj said:
Check her contract to see if it states anywhere about payments.
"If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"
But as the previous comment its 8hrs of wages, do then honest thing.
I think that's the answer, see what her original contract actually says."If an employee leaves the employment owing the employer money that could not be recovered from final wages, the amount owed becomes a civil debt. If there is no contractual provision to treat the alleged overpayment as a civil debt, the employer may have considerable difficulty in enforcing payment if you refuse to cooperate"
But as the previous comment its 8hrs of wages, do then honest thing.
thanks all.
About 7 years ago I was overpaid by a small amount, they cottoned on and wrote to me asking for it to be paid back, then a few weeks later they 'recalculated' it and suddenly it was more, and then again a few months later. I never paid it back and never heard a word. It can cause problems though and for 8 hours I would return it to avoid any hassle.
Just to confuse matters
If the employee could have reasonably assumed that the pay was correct and has spent it she would not have to repay (principle of Estoppel applies)
If the employee could have reasonably assumed that the pay was correct and has spent it she would not have to repay (principle of Estoppel applies)
PureEmploymentLaw said:
In some situations employees may be able to argue that they should not be required to repay the overpayment. This is based on a very old legal concept called ‘estoppel’. There are three main points that are relevant to estoppel in this context, which are:
1) The employer must have done something which led the employee to believe the money was rightfully his (or hers).
2) The employee must have “changed position”, which usually means that they have spent the money.
3) The overpayment was not the employee’s fault.
http://www.pureemploymentlaw.co.uk/2011/03/15/overcoming-overpayments/1) The employer must have done something which led the employee to believe the money was rightfully his (or hers).
2) The employee must have “changed position”, which usually means that they have spent the money.
3) The overpayment was not the employee’s fault.
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