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Overpaid by Previous Part Time Employer

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  • 09-02-2015 10:01pm
    #1
    Registered Users Posts: 188 ✭✭


    Hi,
    I took a part time job to supplement my income last summer. It was bar work and 5 hours per week. Sometimes they paid me by cheque and sometimes into my bank account. I left the job on the 7th December on friendly terms. I got a call tonight from one of the owners stating that they had double paid me on some weekends and now they want the money recouped. They are stating its nearly €600 but I have just looked through my account and although i have discovered they have overpaid me, its more to the tune of €250. I had no idea this was happening at the time since it was over several months and has come to be a complete shock to me.

    Are they entitled to the full amount back etc, any advice much appreciated


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    Yes once they can prove they overpaid you they are entitled to get it back


  • Registered Users Posts: 2,987 ✭✭✭skallywag


    Stheno wrote: »
    Yes once they can prove they overpaid you they are entitled to get it back

    That's interesting, I did not know that. I would have thought that they would explicitly need your permission to get a fedund in this case, and that there is little they can do about it if you are to refuse.

    Though doing so could certainly damage one's reputation in the industry.


  • Registered Users Posts: 25,723 ✭✭✭✭Mrs OBumble


    They're not entitled to just go into your bank account and take it.

    The OP will have to agree, and agree the timeframe and rate at which it's paid back - and then take action (eg set up a standing order) to make the payments.

    I'd suggest looking for some very specific documentation setting out exactly what the overpayment was and when it was made - it's possible they're chancing their arm and overestimating. And, especially since it's a part time job so I'm guessing the OP is a student, I'd suggest a very slow paying it back regime.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    skallywag wrote: »
    and that there is little they can do about it if you are to refuse.
    They can take you to court and they will win.

    What they can also do is make a note and if anyone ever rings up for a reference they can say that you were overpaid and refused to pay it back. That's a black mark against your level of honesty.


  • Registered Users Posts: 8,041 ✭✭✭joeguevara


    Do you have anything in writing about the rate that you are on?
    Did you clock in and out o there is evidence of how many hours you worked?
    They are entitled to the money but may be difficult to prove. Ask them to send in writing their calculations so that you can verify. Be careful what you write back to them.


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  • Registered Users Posts: 2,987 ✭✭✭skallywag


    seamus wrote: »
    They can take you to court and they will win.

    I'd be quite surprised at any employer being in any way enthusiastic about going to court for such a small sum of money. If my company overpays somebody then it's on me 100%, assuming that the employee has not attempted to pull the wool over my eyes. I would, however, still hope that the employee would be decent enough to pay the money back, and the reference situation speaks for itself.


  • Registered Users Posts: 188 ✭✭Yeboah


    not a student. In full time employment so this was only a side job for some extra cash. no contract drawn up. hours varied the whole time. was unpredictable when I got wages etc. have found out I actually was not paid for some days after looking at statements.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 51,687 Mod ✭✭✭✭Stheno


    Yeboah wrote: »
    not a student. In full time employment so this was only a side job for some extra cash. no contract drawn up. hours varied the whole time. was unpredictable when I got wages etc. have found out I actually was not paid for some days after looking at statements.

    You need to fully reconcile the hours you worked against pay and have them provide the same


  • Registered Users Posts: 1,694 ✭✭✭thesimpsons


    you'd also need to look at the tax implications of it. your P45/P60 will be incorrect so you need to get that looked into as well.


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