Overpaid by work - paying it back?

dazey

Work think I have been overpaid. They have contacted me and say they are looking into it. I read somewhere that if tax is paid and no hourly rate is mentioned then you are entitled to keep what you have been given. I think I have been overpaid a few hundred. This is my final payslip so I will not have the opportunity to pay it back in my next payslip. Does anyone know what my rights are here.

coolbond

dazey wrote: »

Work think I have been overpaid. They have contacted me and say they are looking into it. I read somewhere that if tax is paid and no hourly rate is mentioned then you are entitled to keep what you have been given. I think I have been overpaid a few hundred. This is my final payslip so I will not have the opportunity to pay it back in my next payslip. Does anyone know what my rights are here.

perhaps you were over holiday pay?

dazey

coolbond wrote: »

perhaps you were over holiday pay?

owed holiday pay? I was only with the company for a few weeks as well. Less than two months and didn't really work over time. I'm stressing over having to pay it back now. How would this happen?

Gmol

dazey wrote: »

Work think I have been overpaid. They have contacted me and say they are looking into it. I read somewhere that if tax is paid and no hourly rate is mentioned then you are entitled to keep what you have been given. I think I have been overpaid a few hundred. This is my final payslip so I will not have the opportunity to pay it back in my next payslip. Does anyone know what my rights are here.

If they overpaid you, then you have to pay it back, but you should discuss with them how it should be done, they should be flexible as it's their mistake

chops018

You don't have any rights.

They may make deductions from your next payslip to recover an overpayment of wages.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_slip.html

Also, check your contract.

whomitconcerns

well simple question is,

Have you been paid more than you were due to be paid? If the answer is yes, then for good or bad they are entitled to the return of the money if they want it.

Beano

chops018 wrote: »

You don't have any rights.

They may make deductions from your next payslip to recover an overpayment of wages.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/pay_and_employment/pay_slip.html

Also, check your contract.

there is no next payslip. the overpayment was in his final payslip.

Beano

dazey wrote: »

Work think I have been overpaid. They have contacted me and say they are looking into it. I read somewhere that if tax is paid and no hourly rate is mentioned then you are entitled to keep what you have been given. I think I have been overpaid a few hundred. This is my final payslip so I will not have the opportunity to pay it back in my next payslip. Does anyone know what my rights are here.

Well the first thing you have to do is find out if you have been overpaid. If the company think they have overpaid you then they have to evidence that.

If they have overpaid you do have to pay it back. Propose a repayment schedule to them that suits you. Their only real recourse is to sue for the money which would probably cost them more in legal fees than the overpayment amount.

Make sure the overpayment they are requesting back is the net amount not the gross amount. they would have already deducted tax,prsi and usc from the amount they gave you so they shouldnt be asking you for that back as well.

rawn

A few years back I worked in a Christmas decoration shop that was only open for a few weeks before Christmas, when it closed and I got my final paycheck it was substantially more than what I was owed. I didn't say a word and no one tried to contact me. Few weeks later I bumped into one of the managers, he said that they had accidently paid me for 2 weeks instead of 2 days, but that legally they couldn't take it back unless I consented to it, as it was their mistake. I had no contract or anything for this job though so I don't know if that changes anything

234

rawn wrote: »

A few years back I worked in a Christmas decoration shop that was only open for a few weeks before Christmas, when it closed and I got my final paycheck it was substantially more than what I was owed. I didn't say a word and no one tried to contact me. Few weeks later I bumped into one of the managers, he said that they had accidently paid me for 2 weeks instead of 2 days, but that legally they couldn't take it back unless I consented to it, as it was their mistake. I had no contract or anything for this job though so I don't know if that changes anything

Well your manager was 100% wrong. Mistaken payments can be recovered (absenting certain defences).

Santa Cruz

Obtaining on the basis of a mistake by another is a theft once you become aware and do nothing to return the property

GerardKeating

dazey wrote: »

owed holiday pay? I was only with the company for a few weeks as well. Less than two months and didn't really work over time. I'm stressing over having to pay it back now. How would this happen?

You would be entitled to some Holiday pay.

dazey wrote: »

Work think I have been overpaid. They have contacted me and say they are looking into it. I read somewhere that if tax is paid and no hourly rate is mentioned then you are entitled to keep what you have been given. I think I have been overpaid a few hundred. This is my final payslip so I will not have the opportunity to pay it back in my next payslip. Does anyone know what my rights are here.

Your only real right is to insist on an updated/corrected Payslip BEFORE you repay any alleged overpayment. Same with the P45.

The "best" you can do is to stall them and agree a payment plan, once they issue you a new Final Payslip (and updated P45 if they have already given this to you).

Remember if the overpaid you say €80, you might not be due paying back the full €80, since you will have paid some PRIS/USC and maybe PAYE on this sum.

Beano

Santa Cruz wrote: »

Obtaining on the basis of a mistake by another is a theft once you become aware and do nothing to return the property

really? i would be grateful if you could tell me how you came to that conclusion based on this http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html#sec4

If i go in to a shop and i am charged 50c for an item and then subsequently discover that they should have charged me €1 am i guilty of theft?

Beano

GerardKeating wrote: »

You would be entitled to some Holiday pay.



Your only real right is to insist on an updated/corrected Payslip BEFORE you repay any alleged overpayment. Same with the P45.

The "best" you can do is to stall them and agree a payment plan, once they issue you a new Final Payslip (and updated P45 if they have already given this to you).

Remember if the overpaid you say €80, you might not be due paying back the full €80, since you will have paid some PRIS/USC and maybe PAYE on this sum.

They would most definitely not have to pay back €80 as per your example. they would only have to repay the net amount of €80 after pay, prsi and usc as that is all they actually received. I mentioned this already.

GerardKeating

Beano wrote: »

really? i would be grateful if you could tell me how you came to that conclusion based on this http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html#sec4

If i go in to a shop and i am charged 50c for an item and then subsequently discover that they should have charged me €1 am i guilty of theft?

As per the act you quote, if you believe the price is correct, then no.

But if you were following a Boardies Bargin alert to mis-priced goods on a supermarket shelf, maybe..

TimeToShine

GerardKeating wrote: »

As per the act you quote, if you believe the price is correct, then no.

But if you were following a Boardies Bargin alert to mis-priced goods on a supermarket shelf, maybe..

This is a can of worms that should remain closed.

Beano

GerardKeating wrote: »

As per the act you quote, if you believe the price is correct, then no.

But if you were following a Boardies Bargin alert to mis-priced goods on a supermarket shelf, maybe..

I'm not familiar of the concept of maybe in law. can you expand?

If i take an item to the checkout, it is scanned and i pay the price that the item scans at then you believe that i have possible committed theft? What i believe is irrelevant. The price that the item scans at comprises an invitation to treat. I pay for the item, that comprises consideration. the contract is complete. where does theft come in to it.

Beano

TimeToShine wrote: »

This is a can of worms that should remain closed.

i dont believe it is a can of worms at all. it is quite straightforward.

S12b

Beano wrote: »

really? i would be grateful if you could tell me how you came to that conclusion based on this http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0004.html#sec4

If i go in to a shop and i am charged 50c for an item and then subsequently discover that they should have charged me €1 am i guilty of theft?

He's correct, read section 2(4)(d) of the same statute. An intention to deprive one of their property=theft. This could of course be subject to some employment exceptions of which I'm not aware but to me, it's dodgy territory.

Surely it's a reasonably common mistake though so you should be able to find a definitive answer somewhere.

Beano

S12b wrote: »

He's correct, read section 2(4)(d) of the same statute. An intention to deprive one of their property=theft. This could of course be subject to some employment exceptions of which I'm not aware but to me, it's dodgy territory.

Surely it's a reasonably common mistake though so you should be able to find a definitive answer somewhere.

i couldn't imagine the OPs situation making it to a criminal trial. Any money owed is a civil debt and there are processes in place to recover those.

Oddly enough it seems that it is not a regular enough occurrence for a google search to find a definitive answer. The Payment of Wages Act doesnt cover ex-employees.

Carawaystick

S12b wrote: »

He's correct, read section 2(4)(d) of the same statute. An intention to deprive one of their property=theft. This could of course be subject to some employment exceptions of which I'm not aware but to me, it's dodgy territory.

Surely it's a reasonably common mistake though so you should be able to find a definitive answer somewhere.

Is Money property, though?

Does the payment to the OP match his payslip? and has he a p45/p60

Beano

Carawaystick wrote: »

Is Money property, though?

Does the payment to the OP match his payslip? and has he a p45/p60

Money is property. from the Act

“property” means money and all other property, real or personal, including things in action and other intangible property;

GerardKeating

Beano wrote: »

I'm not familiar of the concept of maybe in law. can you expand?

"Maybe" : In theory Yes, but doubt if there is any legal president.

Beano wrote: »

If i take an item to the checkout, it is scanned and i pay the price that the item scans at then you believe that i have possible committed theft? What i believe is irrelevant. The price that the item scans at comprises an invitation to treat. I pay for the item, that comprises consideration. the contract is complete. where does theft come in to it.

Someone (owner of said shop) might argue that a customer who knows the item is mis-priced is guilt of deception, and that would make it theft.

It has also been a theory of mine (totally unfounded with no proof) that some of the "miss-pricing" of tech items in a certain supermarket might not exactly be an "accident/mistake/error" in the truest sense of those words.