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Can my employer ask for overpayment back?

My employer has paid me full time wage for last 4 months and I only work 4/5ths full time. They even paid me it wrong after they knew about the mistake. I told them from the start that my contract said full time and didn't return contract as wrong, nothing done til now and they asking for overpayment back. hadn't checked amount on wage slip, trusting I know but its their mistake. Any ideas about where I stand?

Update:

They also want it by end of financial year (end March) which is more of a problem as I had a bit at a time over 4 months, I have kids therefore money gone!

9 Answers

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  • 1 decade ago
    Favorite Answer

    The same happened to me once.

    My employer was happy to take the over payment back bit by bit over the next few pay days. Maybe ask them if this is possible so you won't miss it all at once.

    Unfortunately even though they made the mistake you will have to repay them.

  • Anonymous
    1 decade ago

    I am afraid that your employer can ask for your overpayment to be repaid. The same as the Government depatrments who make overpayments, then ask for it to be repaid. It is obvious that someone wasn't doing their job properly when you raised this matter with them, But nonethe less, you will still have to make the repayment. Perhaps the can fix it so you only pay back a small amount at a time which may help you in your circumstances.

  • 1 decade ago

    It happens. And your employer is entitled to get their money back. But, you can ask them to deduct a small amount from each check until it's all paid back. Most employers will be happy to do this, especially considering that it was THEIR mistake. If you don't suggest this to them, they might decide to take it ALL out of your next check - so be proactive and make the first move.

    Good luck!

  • 1 decade ago

    They have a right to get their money back.

    Next time you notice an error, speak up right away. Do not accept the over payment, and you will not have money to pay back. If they under paid you, you'd have it fixed right away, the same should be done with an over payment.

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  • Andy W
    Lv 7
    1 decade ago

    You are obliged to pay it back.

    If you cannot afford it in one go then talk to your management.

    It was there mistake, however, you knew it was an overpayment so should not have spent it.

    Basically by spending it when you were aware it was a mistake could be counted as theft.

  • Anonymous
    1 decade ago

    if your contract is for full time and thats what you should have been doing in hours, but if you have been doing less hours but more pay, then yes your employer can ask for money back, check the small print on contract

  • 1 decade ago

    A mistake is a mistake, you owe them the money back.

    If you accidentally overpaid for something, wouldn't you want your money back.

  • chunky
    Lv 5
    1 decade ago

    it will have to be paid back but you tell them you cannot afford it in one lump and they will probably arrange installments direct from your wages.

  • 1 decade ago

    Yes, the money isn't yours, but they should be flexible about repayments.

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