Lincoln, NE asked in Tax Law for Nebraska

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.

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1 Lawyer Answer
Susan Chana Lask
Susan Chana Lask

A: 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.

Good luck!

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