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Overpayment of wages

(9 posts)

  1. steve
    Moderator

    [This was posted by a visitor using our Feedback button]:
    Basically my situation is dealing with a final paycheck however it was a not a paycheck I knew I was getting. What happened is I quit my job at Chase ( the call center in Elgin) well about 2 months after I quit I get an email from them saying that they overpaid me wages and I owe them $630. Well at first I honestly thought it was a joke or scam because in all my life I never had anything like this happen before.

    So I figure just to be sure I would check on Chase's sight to see my pay stubs, ( now for those of us that used Direct Deposit they stopped giving out pay stubs so they can go green so we had to view ours online; however, since I quit I was not able to log in to view my stubs.) I tried calling Chase's HR line to get access to view my stubs and all I got was the run around. Then I was told by the Dept of Labor that as long as I send a certified letter to them asking for my pay stubs I would be okay and would not have to worry about paying them that money back ( I also in that letter requested my employee files as well and never got them but did get a signature for my letter.) I then got another letter from Chase about 1 month later so I called the IL Dept of Labor and this time I am told that that letter meant nothing and that is not how it works.

    So with that being said I waited a month and then called chase and told them if I do owe I will pay them back but need to be on a payment plan because I cannot afford a 1 lump sum. The person I spoke to from Chase's HR said that the reason this all happened was because my manager from Chase was late on turning in my termination papers, which I found to be crazy because again I never had a situation like this where a manager forgets to turn in termination papers so because of his error I am stuck paying a debt.

    Now I get another letter from chase saying its my final notice and will send to collections I called them back and they now say someone will be in contact with me. but I guess my question is, is this legal for them to do to me? or request I pay this back even though I was not negligent and my manager was?

    Posted 4 years ago #

  2. steve
    Moderator

    We recently had a question posed by a visitor using our 'feedback' button about whether a former employee is obligated to return an overpayment of wages. They had quit their job and some months later the former employer requested a return of over $500 in overpaid wages.

    Microsoft had a similar problem earlier this year with an overpayment to employees it had terminated. Microsoft wound up backing down and letting the former workers keep the money, but only after adverse publicity.

    It sounds like in this case there was no severance agreement with the employer which would control how much the final paycheck would be. In that case, the employer would ordinarily be entitled to a return of its money. If the money isn't repaid voluntarily, they could file a court action, to recover it. I expect they would readily accept a payment plan to avoid the expense, delay and trouble.

    Posted 4 years ago #

  3. Anonymous

    I am experience this same problem, from the same employer: Chase. I started working for them in Aug. 2005. In Dec. of 2010 I had to leave the job due to health reasons. One month after leaving the company, I got a letter from Chase saying they've overpaid me $2,627.19 going back as far as Aug. 2009. Since I could not meet Chase's demands of paying them off in 1 or 2 payments, it has now gone to a collection agency (the collections advisor told me "yes, we deal with Chase over payments", so it's not a random or new thing. I was also informed by Chase and by collections, that this type of collection action would have no impact on my credit score. Then in the letter it states "Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater". So how can this not have a bearing on my credit report?

    Another similar issue - I submitted my resignation on Dec 4, 2010. I called my HR Representative at Chase on Dec. 15, 2010 to find out why I hadn't received my "leaving packet"? He pulled up my info and informed me that he was still showing me as an active employee because my manager had not submitted my termination papers (my letter of resignation was sent directly to my HR Rep as an attachment via email, and he responded by email the same day). Two weeks later I still had nothing, called HR again and was told my termination was entered into the system on Dec. 21, 2010 - which was 17 days after I resigned! I did not, however, receive pay for this time period.

    I've contact Chase Payroll Dept. 3 times and spoken with 3 Payroll Supervisors, as well as my manager, and nobody can provide me with proof that I owe this money, nor can anyone provide me with copies of when I logged in and logged out of my phone to prove I was there. When I was working, even I could access this information. And, as stated in the previous post, as soon as you leave Chase, you no longer have access to any of your pay stubs or work documentation. It's all on line and they block it.

    According to the Fair Credit Debt Relief Act (FCDR), I have the right to dispute the validity of the collection amount within 30 days, and they must "provide me verification of the debt or obtain a copy of judgment and mail me a copy of such judgment or verification".

    This happened to a friend of mine at Chase also, but his was only $400. He paid them and then got a letter from Chase saying they made a mistake and sent him $200 back.

    This is utterly absurd, especially when it is a Code of Conduct violation to not fill out your time card (which I always did), so how could they overpay me more than $2600 going back to 2009, and not notify my of the fact until over a year and a half later when I left the company?

    This is just one of many examples of how Chase can do whatever they want, whenever they want, without any proof or evidence, and get away with it because of who they are. I am not going down without a fight [for my rights].

    Posted 2 years ago #

  4. steve
    Moderator

    Not every alleged debt is going to be reflecting on a credit report or in your credit score. The credit bureaus only include debts in your report or score if those debts are reported to them. For example, amounts owed on credit card accounts are regularly reported to the credit bureaus by the banks.

    In this case, it sounds like Chase does not report these alleged overpayments to the credit bureaus. As a result, if you or anyone else gets a copy of your credit report, they should not show up there. You might check your credit report yourself to be sure.

    If Chase were ever to bring a court case against you, which seems unlikely since the amount is small (to them), they would need to prove that they overpaid you, and you would be able to examine their evidence. If they won the case, that would be a matter of public record, and could show up in your credit report, damaging your credit score. I hope this helps.

    Posted 2 years ago #

  5. Anonymous

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    Posted 1 year ago #

  6. Anonymous

    I am having a very similiar situation -- to the person who posted this...

    I am experience this same problem, from the same employer: Chase. I started working for them in Aug. 2005. In Dec. of 2010 I had to leave the job due to health reasons. One month after leaving the company, I got a letter from Chase saying they've overpaid me $2,627.19 going back as far as Aug. 2009. Since I could not meet Chase's demands of paying them off in 1 or 2 payments, it has now gone to a collection agency (the collections advisor told me "yes, we deal with Chase over payments", so it's not a random or new thing. I was also informed by Chase and by collections, that this type of collection action would have no impact on my credit score. Then in the letter it states "Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater". So how can this not have a bearing on my credit report?

    Another similar issue - I submitted my resignation on Dec 4, 2010. I called my HR Representative at Chase on Dec. 15, 2010 to find out why I hadn't received my "leaving packet"? He pulled up my info and informed me that he was still showing me as an active employee because my manager had not submitted my termination papers (my letter of resignation was sent directly to my HR Rep as an attachment via email, and he responded by email the same day). Two weeks later I still had nothing, called HR again and was told my termination was entered into the system on Dec. 21, 2010 - which was 17 days after I resigned! I did not, however, receive pay for this time period.

    I've contact Chase Payroll Dept. 3 times and spoken with 3 Payroll Supervisors, as well as my manager, and nobody can provide me with proof that I owe this money, nor can anyone provide me with copies of when I logged in and logged out of my phone to prove I was there. When I was working, even I could access this information. And, as stated in the previous post, as soon as you leave Chase, you no longer have access to any of your pay stubs or work documentation. It's all on line and they block it.

    According to the Fair Credit Debt Relief Act (FCDR), I have the right to dispute the validity of the collection amount within 30 days, and they must "provide me verification of the debt or obtain a copy of judgment and mail me a copy of such judgment or verification".

    This happened to a friend of mine at Chase also, but his was only $400. He paid them and then got a letter from Chase saying they made a mistake and sent him $200 back.

    This is utterly absurd, especially when it is a Code of Conduct violation to not fill out your time card (which I always did), so how could they overpay me more than $2600 going back to 2009, and not notify my of the fact until over a year and a half later when I left the company?

    This is just one of many examples of how Chase can do whatever they want, whenever they want, without any proof or evidence, and get away with it because of who they are. I am not going down without a fight [for my rights].

    POSTED 1 YEAR AGO #

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    Posted 7 months ago #

  7. Anonymous

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  8. Anonymous

    I was asked to leave my position with my last day of work being June 27, 2012. I was paid for 2 vacation days due me taking my final pay through June 29, 2012. My paycheck was automatically deposited into my checking account and I was paid "current"--my employer did not hold back 2 weeks before issuing a paycheck. Now, 8 months later, my former employer has informed me they overpaid me an extra paycheck which was automatically deposited into my checking account July 12, 2012 and I must repay $1,030.00. This was an error on the part of my direct boss in not turning in termination paperwork timely, or an error in the Payroll Department. My life was in a turmoil 2 weeks after being terminated from my job and I never realized I had that much extra money. Am I obligated to pay this money back at such a late date? Is there a time limit for them to ask for repayment?

    Posted 2 months ago #

  9. Anonymous

    This happened to me a year ago, and I feel your troubles. I had almost 10x the amount owed payed to me, and boy was I excited! However I asked for some advice, and immediately contacted my payroll company and they fixed it within 24 hours. It actually was nice and easy. Now I've been able to setup my own business since this big debacle! http://sarasota-landscaping.net

    Posted 4 weeks ago #

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