over paid by agency where do i stand.

kiercb5 · 06-06-2012 2:53am #1

I got overpaid by a recruitment company I do temping work for when I was on holiday a couple of weeks ago and didn’t realise until I was back in Australia - and it was spent!

I agree that I owe them the money and am willing to pay it back. My query is whether they can decide how much to repay each week or whether we should negotiate what I can afford.

Since the overpayment they have not placed me in a full weeks work, and also have placed me in jobs which were much lower paid – leaving me with hundreds less per week.

My worry is that they will not pay me any wage until this is repaid – the total overpaid is $900.

They are insistent they want it all back before the end of the tax year. I’d like to negotiate paying $100 – 200 back per week,

My query is Is this allowed? Can they dictate the repayment schedule?

Doc · 06-06-2012 4:01am

Why don't you just leave them and go work for another recruitment company?

Did you sign a contract with them stating how much you would be payed?

kdevitt · 06-06-2012 4:03am

They can't withhold any money from you - nor deduct money owing. That can only be done by agreement with you, or by order of a court of law.

If you go to them with a viable payment plan, they should agree to it - otherwise they can go through the legal route if they want, but given $900 is about 2 hours worth of solicitors consulation fees, its unlikely they'd really want to go legal. If they did go legal, you would be liable for their legal fees though.

I'm in a similar position myself at the moment - so have already had legal advice.

over paid by agency where do i stand.

Comments