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over paid at work

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hi heres the story , my sister was working for the company i work for but had to resign due to breaking up with her fella so noone there to look after her boy at nite whilst she did the cleaning for m… Read More
bellows Avatar
8y, 2m agoPosted 8 years, 2 months ago
hi heres the story , my sister was working for the company i work for but had to resign due to breaking up with her fella so noone there to look after her boy at nite whilst she did the cleaning for my shop so she handed in her notice and left a week later. I sent her resignation to my district manager like i was told to do however he phoned me up the other day and asked when she left and i told him when and he said it looks like she has been over paid as he didnt process the letter and just put her through on wages for basic along with all his other staff in his district . my sis isnt sure how much she should have got as not sure cut off etc as i get payed salary so its different to hers but they also owed her 2 days pay that he had missed out month before so thinking she may have been over payed by bout £250 on the 27th of april does anyone know what the next step will be will thay just phone her and ask for money back??
bellows Avatar
8y, 2m agoPosted 8 years, 2 months ago
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#1
If shes left the company then it is up to the company to clearly show and calculate what her last wage was and the breakdown of that wage. Any discrepencies must also be clearly shown.

If this is accepted by the person who was overpaid then its a simple case of paying it back,

if this is not accepted then their should be some negotiation as to where the disagreement lies until an agreement is found.

If no agreement is found then the company can claim via the small claims court however they must proove clearly that there was an overpayment.
#2
at the top of her payslip it states cut off date cant remember the date but it was end of march and she left about 8th april but my area manager reckons that is overtime cutoff date but dosnt say overtime cutoff
#3
bellows
at the top of her payslip it states cut off date cant remember the date but it was end of march and she left about 8th april but my area manager reckons that is overtime cutoff date but dosnt say overtime cutoff


in her last payslip it should clearly state what period the payment covers and it should be broken down into basic pay, overtime pay etc...

if not then the company will have a difficult time trying to recoup any monies via the court. It sounds like they are hoping for your sis to pay it back voluntarily,.

My opinion? tell her to keep the cash but write to the company once and once only, stating that the payslip issued to her doesnt clearly identify anything that indicates and overpayment. Also tell them that should they wish to take the matter any further then they should take it to the small claims court.

You sister doesnt have to do deal with any off this as she has now left the company, however by writing to them once she is providing evidence of negotiation should it ever go to court, which is doubtful as it would probably cost the company more time in resources and legal costs to recover £250......

If it does go to the small claims court then you should at the very least contact your local Citizens advice Centre and get their legal opinion on it. I dont know where you are based as Scots Law and English Law have different criteria in the local courts for small claims.
#4
BTW the manager should be contacting your sister direct and not you bellows
#5
choc1969
BTW the manager should be contacting your sister direct and not you bellows


yeah i know he only phoned my shop once the other day just to check when she had left even though he had her resignation with her leaving date on it but if he phone me about it again i will tell him its nothing to do with me we all did our job properly he just didnt do his
#6
bellows
yeah i know he only phoned my shop once the other day just to check when she had left even though he had her resignation with her leaving date on it but if he phone me about it again i will tell him its nothing to do with me we all did our job properly he just didnt do his


He shouldnt be contacting you at all. The fact that you know the person is irrelevant and his actions of contacting you can amount to harrassment in the workplace. I would make this perfectly clear to him should he contact you regarding this again.
#7
StevenA2000_uk
in her last payslip it should clearly state what period the payment covers and it should be broken down into basic pay, overtime pay etc...

if not then the company will have a difficult time trying to recoup any monies via the court. It sounds like they are hoping for your sis to pay it back voluntarily,.

My opinion? tell her to keep the cash but write to the company once and once only, stating that the payslip issued to her doesnt clearly identify anything that indicates and overpayment. Also tell them that should they wish to take the matter any further then they should take it to the small claims court.

You sister doesnt have to do deal with any off this as she has now left the company, however by writing to them once she is providing evidence of negotiation should it ever go to court, which is doubtful as it would probably cost the company more time in resources and legal costs to recover £250......

If it does go to the small claims court then you should at the very least contact your local Citizens advice Centre and get their legal opinion on it. I dont know where you are based as Scots Law and English Law have different criteria in the local courts for small claims.



based in southampton my district manager just said he was going to look into it and told me to tell her not to spend it i told him she has already as her car mot and insurance was due last month so ill tell her just to wait and see if she gets a letter or phone call
1 Like #8
bellows
based in southampton my district manager just said he was going to look into it and told me to tell her not to spend it i told him she has already as her car mot and insurance was due last month so ill tell her just to wait and see if she gets a letter or phone call


He shouldnt be contacting you about someone elses pay. If you have an HR department I would contact them regarding this matter as it does constitute harrassment in the workplace.

Tell him this and tell him that this matter is between the company and the other person, not you.
#9
StevenA2000_uk
He shouldnt be contacting you at all. The fact that you know the person is irrelevant and his actions of contacting you can amount to harrassment in the workplace. I would make this perfectly clear to him should he contact you regarding this again.


cheers will do im not sure if he was trying to contact me personally as he phoned my shop to find her exact leaving date as he was doing wages for this month and putting in new cleaners details, i answered the phone
#10
StevenA2000_uk


Tell him this and tell him that this matter is between the company and the other person, not you.


if he talks to me about it again i will tell him this, i dont need the hassle cheers for advice rep left :thumbsup:
#11
bellows
cheers will do im not sure if he was trying to contact me personally as he phoned my shop to find her exact leaving date as he was doing wages for this month and putting in new cleaners details, i answered the phone


I understand, and it may well be an innocent phone call, however that doesnt make it any different as he is putting you in an awkward position by assuming that you can answer for the other person, when in fact the matter is between the company and the other person. Nothing to do with you or your work. Even the most innocent of situation can turn nasty and be perceived in a way other than intended.

Nip that line of communication in the bud fast and tell him to take the matter up with the person directly, and that in no uncertain terms that you are not a go between nor will be put in an awkward position by him or the company (as he is a regional manager then his actions amount to being representative of the company and I'm certain that anyone above him doesnt want him to go about this in the way that he is doing).
banned#12
surelt they contacted you as her supervisor, not her sister
#13
sassie
surelt they contacted you as her supervisor, not her sister


thats why i said im not sure if he wanted to talk to me personally he phoned the shop phone im deputy manager of shop he asked for her leaving date then started saying that he didnt pass on letter and thinks she got over paid and said to i should tell her not spend it and i told him she had already spent all her wages as car mot and insurance was due that was pretty much it this is why im not that bothered bout that call if he trys talking with me about it again about recovering the money etc then i will tell him its nothing to do with me
#14
bellows
thats why i said im not sure if he wanted to talk to me personally he phoned the shop phone im deputy manager of shop he asked for her leaving date then started saying that he didnt pass on letter and thinks she got over paid and said to i should tell her not spend it and i told him she had already spent all her wages as car mot and insurance was due that was pretty much it this is why im not that bothered bout that call if he trys talking with me about it again about recovering the money etc then i will tell him its nothing to do with me


If its his responsibility to pass the letter on and didnt then thats his problem, not yours.

At the point he started talking about advising the other party on how to spend her money then this isnt acting in the capacity of a supervisor, this is acting in the capacity of a friend to the person and therefore at that point it stopped being a Regional Manager to Deputy Manager conversation.

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