Overpaid?

sbsquarepants

Would be a total waste of money in my opinion.
Employer is a chancer - he should just call his bluff and walk away. He won't pursue it and even if he did, he hasn't a leg to stand on.
Employer doesn't know how much the OP should have been paid, but somehow knows how much they've been overpaid - how are those 2 "facts" compatible?
It would be laughed out of any court. Just walk away and keep the money in your pocket - where it belongs!

RiseToMe

meme74 wrote: »

If you only work 2 days a week and have a 4 grand overpayment in 9 months then I struggle to see how you didnt notice yourself? Surely you had some idea what you were expecting to be paid? I know you say money wasn't a factor but you honestly dont have a clue how much was agreed??

I only work 2 days a week THERE. I have my own company which pays a good salary and I have teaching position also. Ive been over this on this thread- my interest wasn't the figure of payment (i knew whatever it was would be reduced to SFA after tax) it was the agreement on flexibility and clinical exposure that I required. When they offered me the job these were the elements that I clarified. As stated on my stater form I had to give it back with salary blank as I genuinely had no idea.

RiseToMe

Thanks for all the replies so far.

Rather than address them individually, I am awaiting a call back from my accountant to see what way it impacted me tax wise. I am also awaiting a call back from my solicitor just to get an idea of what I need to be written up.

I am fairly certain that no court would see he has a case and yes he could be chancing his arm, I have no idea. But at the end of the day, my industry is small, I don't want bad blood between us.

meme74

RiseToMe wrote: »

Thanks for all the replies so far.

Rather than address them individually, I am awaiting a call back from my accountant to see what way it impacted me tax wise. I am also awaiting a call back from my solicitor just to get an idea of what I need to be written up.

I am fairly certain that no court would see he has a case and yes he could be chancing his arm, I have no idea. But at the end of the day, my industry is small, I don't want bad blood between us.

Very decent of you

lawred2

RiseToMe wrote: »

Hi Guys,

Handed in my notice to a place where I work PT, I am self employed director in my own company as well (so PAYE worker there too). Director called me in today to say that he had noticed that they had been overpaying me since January (I started in Nov) to the tune of about 4 grand total.

It gets a little more complex as he cant seem to recall what they offered salary wise and honestly, neither can I, it was almost a year ago and I was in Tesco when they called (salary didnt matter to me I needed the position to satisfy other requirements for a course I teach so it wasn't a defining part of the conversation).

This teamed with the fact that I was never given a contract so I was unknowingly over paid for this time. I didnt notice as I was paid the exact same every month (in November/Dec it was higher as I had tax credits) every month it was consistently the same figure.

He has given me two options:
Work until the end of the year for free (!!!!)
Or pay back the 4000.

In theory I think I have to pay it back? However I have issue with the fact that I will not have seen most of that 4000 myself, I will have paid 50% in taxes as it was all taxed at the higher rate, so where does that leave me?

I have sought legal advice however I would like a couple of views on this as I am waiting on calls back and this is stressing me out big time.

he doesn't know what you were supposed to be paid but claims that they overpaid you?

lol

sammysnail016

RossieMan wrote: »

Offer half as a good will gesture. I wouldn't be returning the whole lot without a contract stating up salary.

Defo don't do this... They don't have a leg to stand on legally and just tell them that " I am sorry that you only noticed this now but I can't seem to find the contract with my wage on it so I am unable to pay you back"

Turtle_

sammysnail016 wrote: »

Defo don't do this... They don't have a leg to stand on legally and just tell them that " I am sorry that you only noticed this now but I can't seem to find the contract with my wage on it so I am unable to pay you back"

Except that the OP says he works in a small field. It MIGHT be a genuine error where someone thought he was working 3 days to said "3/5 of 2500pm = 1500pm" and told payroll that he was getting 1500 a month, not realizing that he's working 2 days a week, but payroll had the correct hours so was putting it through as 1500 for 2 days a week.

I wouldn't close any doors on yourself, OP. I'd be more inclined to say something like "I understand that you believe I have been overpaid in error. As per my payslips, I have been paid for two days per week which accurately reflects the service I have provided. I'm keen to resolve the issue, including any effects that this alleged overpayment could raise with taxation and PRSI. To initiate matters, could you please provide me with documentation demonstrating the rate of payment was incorrect from January onwards, but correct before January. I'm sure you understand that I am keen to ensure that there is no outstanding liability with Revenue and so will need this documentation in case of a Revenue audit".

If you genuinely think that there has been an overpayment, the best solution for everyone would seem to be a negative final payslip. You refund them the difference between what you received net of deductions, and what you should have received, net of deductions. Then get the employer to recoup the extra tax and PRSI paid over in error from Revenue. You're responsible for returning what they "incorrectly" gave you, however, they are responsible for administration of the PAYE system.


What is really ringing alarm bells here, though, is how they've decided that the same rate of pay was only incorrect for 9 of the 11 months. Sounds like the only difference in the net pay was due to taxation and hours worked differences and not the rate.

By all means, engage (whilst also engaging with your solicitor and accountant), but don't hand over a cent until you're satisfied that everything is being done correctly.

RossieMan

The op doesn't care about the money. He wants to end on good terms. Which I find commendable on this day with all the ****ers out there. The business may not have the money to lose 4k. Halving the amount may be good for both parties.

None of us can tell the op what to do. His accountant is best placed for this.

zoeybelle

Check your December payslip it should have an hourly rate of pay and generally a gross salary amount. Check ur August payslip are they still the same? If they are you have been paid the same hourly rate since you started which would prove his January theory is rubbish and ergo the whole story is rubbish. Also I totally agree with every other poster who said unless it was in writing I wouldn't give them a penny. How do u know he won't turn around after u pay up and leave and do the same to the rest of his staff using your repayment as precedent for the "correct" salary.

RiseToMe

RiseToMe wrote: »

He seems to think it they may have put me down as working 3 days when I was working only 2 but my payslips say 16 hours which is two days.

RiseToMe wrote: »

I only work 2 days a week

Sorry if I've missed something but your payslips reflect 16 hours which is 2 days a week which is what you worked.

Even without a contract, if your payslips reflect what you were paid and that it was for 2 days per week, where's confusion??

BattleCorp

RossieMan wrote: »

The op doesn't care about the money. He wants to end on good terms. Which I find commendable on this day with all the ****ers out there. The business may not have the money to lose 4k. Halving the amount may be good for both parties.

None of us can tell the op what to do. His accountant is best placed for this.

I wouldn't feel too sorry for the business when they can't be bothered to put things in writing..........you know............to comply with the law.

RiseToMe

Right final update is that I have sorted this all out very amicably with a very much reduced repayment as a goodwill gesture due to the absolute mess it would make of my tax and the fact that salary wise it didn't seem exorbitant to me on foot of many factors.

Yes you may all think it was foolish to pay anything, but at the end of the day relationships are worth more than a few hundred quid. Its being sorted via payroll and wage slip reflecting it so no foul play and she's happy that a figure was discussed and while it is nowhere near the sum at all it was the principle of it all for both of us.

Really appreciate those that helped!