Any money paid post-employment belongs to the company, notwithstanding the payroll error. 1. If your employer fails to pay you final wages by the time mandated by the state, contact your state labor department for its policies on filing a wage claim. Does your paystub show the pay period it's for? I’ll get on to HMRC. However, since then I have also received a direct deposit for the last 2 pay periods. You can tell HMRC you've left and get them to shift your PA to the new job if you like, or concentrate on getting your ex-employer to sort their shit out. Company not paying my last paycheck, what do I do? What is the best way of approaching a former employer for a job? How much are we talking? inform the company’s payroll department and return the money). Can they actually do that? my work place has been paying me the wrong wage for two years, and now want me to pay it back.? It took several phone calls before I got the errant paychecks to stop. This happened to me, except in my case the employer was the US Army. Threatening to keep and spend money that isn't yours could get you into real trouble. I would have simply said, "I got another check for the amount of X but I was not expecting it. it might be the final check less any allowance for leave. I want what's inside anyway. My old job overpaid me several times. They are given 14 days to accept your claim, they can however choose not to, and defend themselves, or can even make a counter-claim against you. The Fair Labor Standards Act . I'm not an idiot. Help us improve GOV.UK To help us improve GOV.UK, we’d like to know more about your visit today. 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. What? There is a 30-day limit on waiting time penalties. Can my employer legally stop paying me salary + commission and move me to a strictly commission based pay? What are my rights if an old employer claims they overpaid me and is demanding repayment? Either way it should work out in the long run, but you need to keep an eye on it. I had the same experience once. Is a license recommended for a private repository or is it pointless? They are requesting that I pay them back, which I can do in stages if it is not possible for me to pay it all at once. My former employer is still paying me. applies. Stack Exchange network consists of 176 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. Your former payroll department should be able either to identify the source of the payment and whether the payment was made in error. Failure to pay wages for work done counts, in law, as an unauthorised deduction from wages. Also, some people might not have enough money in the bank to simply pay back a full paycheck (or two, or three if this continues) when the company finally gets around to fixing this problem, which could be many months from now. However, at the same time, from the previous month, I was missing 16 hours of overtime and also I had some unused holiday which according to the contract I had with them, they have to pay me. Money that is paid to you you can easily ring fence and refund to them (you could even put it in interest paying current accounts and keep the profit, which would be entirely ethical). My employer keeps paying the wages late. So my previous employer, I moved to another city recently, keeps paying me via direct deposit even though I dont work there anymore. A good company will investigate and possibly find that you were overpaid and ask for the money back (which you then pay back). Lee Nichols - Updated February 21, 2017 Living from paycheck to paycheck is a way of life for many workers, and a late paycheck can mean the money is not there when bills are due. The sneaky method would be to inform them by a letter to their HR department that your last payment was incorrect and that they should fix it. Federal law requires employers to establish regular paydays and pay employees by that time. If your employer owes you other wages, such as accrued vacation pay, the state might allow your employer to offset the overpayment to those wages, or it might forbid this practice. You can check if you’re an employee or check if you’re a worker on GOV.UK. I was working for IBM via an agency called Manpower, this is how IBM liked to do it. To wait much of it you really need to keep an eye on it to myself in abroad! You need … my old job overpaid me several times employee has been overpaid, can the employer can cash... 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