Q: Payroll issue with caregiving agency. Paid for days not worked.now I have to pay back.no fault of mine
The client's son in law did not submit schedule to offc for 9 months.And office did not confirm ,so they assumed schedule was the same,but varied month to month.due to 60 hrs per month.allowed by the ins company..Now it was discovered after all this time.Now it has to come out of my earned income now
A: There is no question here, so I assume that you are asking if it is legal for the agency to require you to return money that you did not earn, but were paid, over a 9 month period. Yes, it is legal for them to ask, but not legal for them to unilaterally withhold it from current earnings, they have to sue you to get it first, and you will have to pay it back one way or another. So the issue is if you are going to reach an agreement with them for the return or if you are going to make them sue and probably fire you, in order to get back the money that you were overpaid. The path that you will take is up to you. Employers cannot unilaterally withhold funds from employee wages, without consent of employee.
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Neil Pedersen agrees with this answer
A: Unfortunately, you are not allowed to keep money that you did not earn. While I understand that you probably already spent that money, but I would have to think you recognized that you were getting paid for more hours than you worked, so some of the blame falls on you. Nevertheless. the law will allow your employer to seek return of the money, and if you do not pay it back in the time it wishes, you can be terminated. It is best to work out some kind of payment schedule with the employer.
That said, it needs to be noted that your employer cannot engage in self help here by simply taking the money out of your paychecks. Certainly you can enter into an agreement that would allow repayment in that manner, but absent an express writing allowing for that, your employer cannot take the money from your paychecks.
Good luck to you.
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