Former employer apparently overpaid me

[UnatcoAgent]

When I left my full time gig, I received a chunk of money I thought was severence pay, but wasn't entirely clear on. I emailed the company immediately to confirm it was accurate, incase it was a screw up, they emailed me back saying everything was fine, and that it was indeed accurate.

Now I have a letter from them 2 months + later saying they did overpay me, and that they want $2500 within 10 days or 'legal action' will be taken.

Incredible to get such a threatening letter to begin with, considering I was laid off and a devote employee, let alone after they confirmed it was right.

Any advice here?

Updated - 06/05/09

I just got a call from the head HR woman, who was incredibly helpful, and said after reviewing the case she's absolving me from the "debt" since none of it was my fault, and I was forthcoming with the problem at the time. w00t!

This totally made my week!

 

[Vette73]

Send a copy of the e-mail stating the pay was yours.

 

[moshquerade]

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

this.

 

[radioouman]

I'd send a copy of the email, certified mail, and tell them to screw off.

 

[Crusty]

My advice would be to pick up the phone and call the company and ask what's going on.

 

[xSauronx]

legal action over $2500? unless you give in to a form letter, it would probably cost them that much just to deal with you.

 

[her209]

Did they overpay you? If yes, then give it back.

 

[UnatcoAgent]

Originally posted by: moshquerade

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

this.

I will do that, thank you. I am pissed off they sent me such a threatening letter, considering how long it's been and given the economic climate right now, it's disappointing to say the least.

 

[guyver01]

Originally posted by: Sabot
When I left my full time gig, I received a chunk of money I thought was severence pay, but wasn't entirely clear on. I emailed the company immediately to confirm it was accurate, incase it was a screw up, they emailed me back saying everything was fine, and that it was indeed accurate.

Now I have a letter from them 2 months + later saying they did overpay me, and that they want $2500 within 10 days or 'legal action' will be taken.

Incredible to get such a threatening letter to begin with, considering I was laid off and a devote employee, let alone after they confirmed it was right.

Any advice here?

send a certified copy of the email, including full headers, to the HR goofball who sent ya a letter, and their lawyers...

once their lawyers see it, they'll be like "WTF?someone said it was legit.. you got no claim"

 

[Legendary]

Someone in HR is trying to cover their ass at your expense. Make sure they don't.

 

[JS80]

Originally posted by: Sabot

Originally posted by: moshquerade

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

this.

I will do that, thank you. I am pissed off they sent me such a threatening letter, considering how long it's been and given the economic climate right now, it's disappointing to say the least.

We've done this before at our company, and we just let it go. For $2500 I would guess they won't do anything. But say goodbye to using them as a reference.

Also, remember you paid taxes on it, don't just send them $2500 if you do send it back.

 

[CRXican]

how long ago?

 

[Cashlaw]

Like other posters said: certified mail, copies of the material that shows THEY said it was properly yours.

You are not responsible for their mistakes.

 

[darkxshade]

Don't forget to keep us posted on their response once they received the certified email copy.

 

[UnatcoAgent]

Originally posted by: JS80

Originally posted by: Sabot

Originally posted by: moshquerade

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

this.

I will do that, thank you. I am pissed off they sent me such a threatening letter, considering how long it's been and given the economic climate right now, it's disappointing to say the least.

We've done this before at our company, and we just let it go. For $2500 I would guess they won't do anything. But say goodbye to using them as a reference.

Also, remember you paid taxes on it, don't just send them $2500 if you do send it back.

The people I worked with will still act as a reference, I'm sure of it, I've emailed them asking for their input since at the time I also asked them about the extra pay. They know I was transparent and forthcoming about it.

That is a great point about the taxes though, thanks...

 

[JS80]

Originally posted by: Sabot

Originally posted by: JS80

Originally posted by: Sabot

Originally posted by: moshquerade

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

this.

I will do that, thank you. I am pissed off they sent me such a threatening letter, considering how long it's been and given the economic climate right now, it's disappointing to say the least.

We've done this before at our company, and we just let it go. For $2500 I would guess they won't do anything. But say goodbye to using them as a reference.

Also, remember you paid taxes on it, don't just send them $2500 if you do send it back.

The people I worked with will still act as a reference, I'm sure of it, I've emailed them asking for their input since at the time I also asked them about the extra pay. They know I was transparent and forthcoming about it.

That is a great point about the taxes though, thanks...

If you decide to return the money I would work with them to do a reverse wire and all the taxes should take care of itself.

 

[Genx87]

It depends if you feel like giving the money back. Technically they may have overpaid you. But they are being dicks about it and confirmed at least once the money was yours.

If you feel like doing the right thing and have the money then send it back. If you feel like fuck them then keep it. First it sounds like by having them confirm the amount is correct they will have a harder time chasing it. For 2500 bucks I doubt a bigger company will bother. It will cost more for their lawyers to go after you.

And since they are the ones who cut the check. You didnt defraud them of the money they will have to explain why they cut the check wrong, then confirmed it at least once before asking for it back.

 

[Nik]

Originally posted by: Sabot
When I left my full time gig, I received a chunk of money I thought was severence pay, but wasn't entirely clear on. I emailed the company immediately to confirm it was accurate, incase it was a screw up, they emailed me back saying everything was fine, and that it was indeed accurate.

---

Stop. You win. Forward emails back to them showing you were told it was yours. Tell them that if they take you to court you'll file a counter claim for damages after winning the initial case with print outs of the same emails informing you that the money is yours.

Win.

 

[SarcasticDwarf]

Originally posted by: Genx87
And since they are the ones who cut the check. You didnt defraud them of the money they will have to explain why they cut the check wrong, then confirmed it at least once before asking for it back.

Yep. Keep in mind that they need to prove to YOU that they overpaid you. If they get that picky about it I would demand the full accounting for your employment.

 

[Epic Fail]

Don't be afraid, they aren't holding your diploma hostage.

 

[ric1287]

Originally posted by: Legendary
Someone in HR is trying to cover their ass at your expense. Make sure they don't.

Sounds like it. I think about 80% of HR's job is to cover their own ass from my experience.

 

[soulcougher73]

Originally posted by: her209
Did they overpay you? If yes, then give it back.

Did you read the post? If yes, then stop posting.

 

[UnatcoAgent]

Well I talked with my old manager and he was appalled that they sent me such a ridiculous and threatening letter, and gave me some general direction, he'll back me up if need be. I've left an email for the HR head, we'll see if she bothers to get back to me.

 

[olds]

Originally posted by: Cashlaw
Like other posters said: certified mail, copies of the material that shows THEY said it was properly yours.

You are not responsible for their mistakes.

wwybywb?

 

[zinfamous]

Originally posted by: Marlin1975
Send a copy of the e-mail stating the pay was yours.

/situation (one would hope)