Q: What kind of options might I have when my Employer is over paying me, but isn't fixing the issue causing it?
I keep getting over paid by my employer. Despite my best attempts at getting in contact with HR and payroll to get this issue resolved, nothing happens. I receive no call back or emails. I have been trying to work with them to give back the over payment amounts. I have been over paid by approximately 3500 dollars and the issue seems to never get resolved. I just recently got hired on full time due to being a contractor. Since hired on, I have received 4 paychecks. The first two I have been over paid. The third one was fine so I thought it was fixed and awaited someone to get with me on making a way I can pay back the amounts. Now I got my fourth check and its another over payment. I have reached out to managers and supervisors and everyone else that I can possibly reach out to EACH time it happened. I have yet to hear anything back on any one of my attempts to try and pay back the over payment amounts.
Since it's tax filing time this week, the first issue that hits me with your question is they will report the overpayments to the IRS, and it raises your tax liability.
You can write a check to the company for the overpayment amounts, but that will not resolve the fact that they are reporting more money paid to you to the IRS on your W-2s or 1099s-depending how they pay you. It also will not resolve the fact that they keep overpaying you.
You should make sure you send your complaints about the overpayments to Human Resources, the company president and the company bookkeeper in writing. Use e-mail notice to them and save the emails on your server as proof that they were sent. Remember, once they start paying you the correct amount, then you can refund them the over payments BUT insure that they provide you with a written statement that they will not report the overpayments to the IRS. If they already did, then they have to send a corrected W-2 or 1099 to the IRS for you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.