Recapturing an Overpayment

[font size="1" color="#FF0000"]LAST EDITED ON 09-11-02 AT 11:55AM (CST)[/font][p]HELP!!!!

We recently implemented a new union contract, and part of the negotiation was retro pay.

When entering the new pay rates into our computer system, two of the individuals (out of 49) had incorrect rates used, so we in effect overpaid them. The overpayment applied to both the retro pay, and the current pay period.

We had already completed the electronic transfer for direct debit, and had called in the total taxes information, so in effect, we can't pull the checks back. Since we already reported the tax information, my assumption is that we can't just ask them to cut us a check for the overpayment, because it will show up as income for them.

So, we are thinking that we'll reduce the amount due in the next pay cycle and be done with it...

Are there any problems with this solution? We assume the members in question will accept the error, it was a computing error...so hopefully they will understand.

Erik

Comments

  • 7 Comments sorted by Votes Date Added
  • We have always adjusted the next paycheck for any overpayments (thankfully, there are very few). That way you are ok on taxes (employees pay tax at the time they receive the money, which is correct). If you try to handle it any other way you might run into problems. Your biggest problem will probably be dealing with the employees. Make sure they understand exactly what their next check will be. Some say they understand and then get upset when they get a small check, or complain that they didn't have time to budget for the smaller check. Expect them to be upset. Most aren't, but some people get mad whenever they feel you have "messed" with them.

    Good luck!
  • I would enclose a memo with the paystub that reflects the overpayment explaining what happened. If it is too late to do that, I would give them a memo now, explaining what happened and what to expect next payday. I would then enclose a copy of the memo with the next paystub in case they have forgotten.

    If the deduction will take them below minimum wage, that is an issue someone else will have to answer. I believe you might have to space out the deduction so that they would not be paid less than minimum wage on any given paycheck.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-16-02 AT 09:29AM (CST)[/font][p]I agree. A very user-friendly, readable memo explaining exactly what happened and why, but well worded enough to withstand the grievance procedure and possibly even arbitration is needed. A company has the right to correct its legitimate oversights and mistakes, even if it needs to recover money that was paid out in error. I would treat an overpayment with the same degree of seriousness as I would an underpayment. Be sure your ducks are in a row and go for it.
  • Some states have laws restricting your ability to make deductions from paychecks. You should check out that possibility, or get their written permission to make the deduction.
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  • You can do this in IL. Check the IL Wage & Hour law. However, you can not take them below minimum wage. Is it better to take the overpayment back in two pay periods?
  • All,

    Thank you for your input. Here is what I did:

    I learned from my payroll clerk that we had already called in the federal taxes on all wages, therefore it was impossible for us to not pay them. Had we not called in the wages, it would have been possible to simply cut new checks.

    That being the case, I personally called the Police Chief and told them what occured, and asked that he have the two officers in question speak with me, I was available to either call them at their convi. or, I would meet with them as needed. Long and short, they called me and I explained what happened (clerk used the budget salary rate, which is an annualized figure, instead of the step rate) and told them we would have to recoup the overpayment. I told them we could do it over two, but would prefer one pay period. One chose two, the other one. We're done, no hard feelings. I sent an email, and a memo to both, copied to the chief, and every body is happy.


  • See; sometimes doing the right thing in the proper manner will get you slammed to the mat; but, sometimes 'it don't hurt a bit'. xclap
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