edited 5 years ago. Do you have someone you are friendly with in the HR department you can ask about this? New claims wouldn't work but amendments should. FreeAdvice: Law Select a Legal Topic. If your employee does not repay you, include the salary overpayment and the deductions withheld on the overpayment on the employee's T4 slip.No other action is required. When you overpaid the employee, taxes and deductions associated with the overpaid amount are also taken out of her pay. I feel this is unfair as it is not my fault. Submit amended P60's with amended tax credit claims. An employee can be overpaid through payroll by paying a bonus that hasn’t been awarded, or paying too much overtime or commission. The following information should be provided: We my rights if my employer made a mistake and overpaid me on my last paycheck of last year? An employee can also use the defence of common law promissory estoppel to prevent their employer from reclaiming overpaid wages. Answers: SJZ, Member, New York Bar / FreeAdvice Contributing Attorney . Work out why you overpaid Compare what you’ve paid … Approximately $1,900. Employer reruns all payrolls with correct figures, submits amended year end EYU's and gets refund from HMRC. I never actually recived a pay-slip for a full month's salary (including the overpaid month) and I had no employment contract with them. Now, one year later, I'm told I've been overpaid by £20,000 over 10 years and they want it all back. Patrick Haggerty June 2012. Upon reading through the your previous post, what you did is just correct. Saskatchewan. For repayments made in the same year you were overpaid, you generally just repay the net overpaid wages you received, not the gross. The employer must get the employee’s written approval in order to deduct vacation pay. I am unsure how to handle this situation. Improve this answer. 4. the employee is under 18 years of age and their parent or guardian hasn't agreed in writing. (Medical, Dental, life) Is this legal? The company that I work for overpaid me last year, now they want to garnish my wages to get the money back, can they do this? They first said no, no, everything is fine. If they overpaid for nearly a full year straight, then that's there fault. I will however give you a thought, or thoughts????? My ex-employer (a large public sector place with a reputation for over-paying people) paid me for approx two weeks after I had left, they have now sent me an invoice for repaying them. Now they want $2,300, claiming that I have to pay for the money they paid towards insurance. Even if your employee repays you in the same year or a different year, you still have to include the salary overpayment and the deduction withheld on the employee's T4 slip. If you take this further keep in touch with me, I'm sure she would be happy to provide this in writing. My name is Andre ,I'm 17 years old and I work at a dog kennel . Example: Deducting money for till shortages. So today she paid me (training + this week's hours), I know I'm only supposed to get paid only for this week. Though we can match one Online Banking transaction to multiple entries in QBO, we can't match two bank entries to a single journal entry. CALL US (855) 466-5776. Answered 10 years ago | Contributor . Show 1 more Show 1 less . Jenny works as a bar attendant in a tavern and is covered by the Hospitality Industry (General) Award. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. I would not assume it was a mistake - could it be pay for unused vacation time, severance, bonus, commission, or something else? Asked on September 21, 2010 under Employment Labor Law, Colorado . Share. Answer Save. I worked for a company in Luisiana that overpaid me. For example, if you overpaid salary by $200 for a particular pay period, make the adjustment as a negative so it’s taken out of the employee’s year-to-date earnings and her W-2 will be correct for tax purposes. My employer overpaid me,what should I do? Newfoundland and Labrador – All that is mentioned in the lawbook is that the employer is free to deduct the overpaid wages. For whatever reason, my old employer paid me 1 week extra (40 hours). The law provides protection against unlawful deductions from wages, and if your employer makes an unlawful deduction you may have the basis for a claim in the Employment Tribunal. However, they … How would I enter that deduction? The employer must recoup the pay within the next few pay periods. In other words, the amount that was overpaid would be viewed as a loan that must be repaid by the employee. What if I Realise I’ve Overpaid an Employee Years Later? 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