How would you react to this letter?

[Mischka]

MISCHKA

According to our records, you received a salary overpayment in the net amount of [1/8 of a paycheck] due to being permanently off payroll.

Please forward a personal check, money order, or cashier's check payable to [former employer] for the amount to clear your account. Payment should be made to: [former employer at P.O. box].

It is our policy to turn over unpaid accounts of more than 60 days from the date of notification to an outside collection agency. If you have already paid your balance, please ignore this notice.

Sincerely,
[Corporate Receivables]

I received this letter in the mail today, five months after my employment with the company ended (summer legal clerk job). This is the first time I've ever heard of a discrepancy in my paycheck, and the letter gave no details or a phone number to contact with questions.

I left the company on very good terms, and still keep in touch with many of the people I worked with. I was royally pissed when I opened the letter; it just struck me as an unnecessarily cold manner with which to treat a former employee. Am I wrong here?

 

[talk2024]

Sounds like somebody trying to cover their ass for screwing up... did you have a contract with them?

 

[Calamity Jane]

I think I'd call the HR dept or payroll dept at the company and talk to them about it. It's cold, and it seems strange to me that they just noticed their error. Are you sure there was even an error made?

 

[Cherry]

Chalk it up to an outsider ...

Sounds coldly written, to me too.

Probably from an outside auditing firm that you had no personal contact with.

If I were you, I would send an equally formal letter in response, requesting the exact details of the error mentioned... ie - what does the overpayment amount represent, when was it uncovered, have your superiors at your previous employ been notified/received a copy of the letter sent, etc.

 

[Mischka]

I called the recruiter that organized the summer clerk program and told him about the letter. The letter was from the main office, so he knew nothing about it. He said he'd look into it and get back to me by Monday.

If there was a mistake in my pay, then I obviously have no right to keep the money. But I'm just miffed that it took five months to find the mistake, and that they relayed the message to me in that tone. Someone really needs to work on their person skills.

 

[April]

You should definitely check it out. They might have made a mistake in thinking you owe them money. The tone of the letter is immaterial.

 

[Silverlily]

Did you recieve a W-2 from them yet? I'd be interested to know if that reflects the so-called "error".

Other than that, it's on them to provide proof.

 

[BodyBuilderNH]

Wait for them to further contact you...for now just ignore it.

Cheers,
Body

 

[patient1]

My re-action would have been similar to yours. I agree about the wording of the letter, it doesn't encourage cooperation.


Even so, I urge you to straighten it out as soon as possible. Once upon a time I got a letter like that regarding emergency medical expenses I paid by cash. I wasn't notified until the day after I'd thrown out the receipt at the end of the year. Do straighten things out before they gain any momentum.

 

[Mischka]

Did you recieve a W-2 from them yet?

Good question. This letter made it to my place before the W-2.

And BodyBuilder, I wouldn't consider ignoring it and risk having my name turned over to a collection agency. Clearing errors off a credit report is a bitch, and I don't intend to let something like this slide.

 

[Fly_On_Wall]

Mischka same happened to me so I looked into it and found a loop hole in the law. see if it's the same where you live.

once an employer hand over money to you for whatever reason they 'cannot' take that money back unless it was given to the wrong person. the only way the company can gett there money back is by docking that ammount of your next cheque. but seeing as you don't work for them they can't ask for the money back, it's illegal.(where I live)

when I had my acceden't I told the company I worked for I can't work for them anymore... idots left me on the pay role lol. so a year later I got a summer vacation cheque in the bank. Fallowed by a phone call

"why have you not been to work in the last year"
I was in a car accedent and forced to quit
"Oh So you'll never bee retunrning?"
Nope
"Shit. and we sent you a cheque. Oh don't worry, since you don't work for us anymore we can't take it back"

that's when I did a little net search and talked to my cousin and found out the above.

 

[SlyFox]

I think I'd have my attorney write them a "formal" letter and warn them that if they turn this bogus claim over to a "collection agency" you're gonna sue the shit out of them. You might also contact your state EEO office... The world is full of assholes and you just heard from a BIG one...

SlyFox

 

[BEERBOY]

I received this letter in the mail today, five months after my employment with the company ended (summer legal clerk job). This is the first time I've ever heard of a discrepancy in my paycheck, and the letter gave no details or a phone number to contact with questions.

I left the company on very good terms, and still keep in touch with many of the people I worked with. I was royally pissed when I opened the letter; it just struck me as an unnecessarily cold manner with which to treat a former employee. Am I wrong here?

I had a similar letter a few years ago, and I thought they were having a laugh!!!

I phoned them up and told them if they want their money, then I would invoice them for all the extra minutes, hours and days I'd worked without pay (Including the times work had phoned me up on my days off)...

Never heard anything again!

 

[Gilly Bean]

Wait for them to further contact you...for now just ignore it.

Cheers,
Body

Um, hello, legal action?


Ignoring companies doesn't make it go away, whether they are right, or wrong. Until it is looked into, they could care less what happened, and will bill you anyway.

 

[ExLimey]

You don't want to ignore this and let it go to collections. If you think the tone of that letter was rude, just wait until you speak to a collector! Also, once it goes to collections it can be reflected on your credit report.

It's definitely a good idea to check with some sort of legal service to see what can be done legally etc. If it is just some sort of threat in the hope that you'll pay it (if legally they can't send it to collections) then don't pay it unless you feel "guilty" about it. However, if this may affect any sort of reference you may need from them in the future, you may want to take care of it.

 

[VanB]

I don't know the law in the States but I would be ery surprised if your employer had a claim for refund after 5 months - 5 days yes but not 5 months.

I would ask them to clarify their position - oh that's right there's no contact details onthe letter, which here and in itself would make the claim void - and explain how the overpayment came about and why it took 5 months to find it. Then see a lawyer and sue them for harrassment.

BTW very pleased to see the AV back

 

[Cherry]

Know any good lawyers?

Not that you need reminding, Mischka ... but be sure to keep good records of all correspondence (including your earlier phonecall).

 

[kotori]

Know any good lawyers? Try accountants.

There's a couple of really good folks from Arthur Anderson with . . . um . . . time (yeah that's it) on their hands--might be interested in the case.

 

[Unclebill]

Unless they do payroll manually, each check you received should have had a statement of the pay period, hours, total pay, deductions, et al.

If you have them, check the hours and see if you can find anything that looks like they made the error they claim.

If not, ask them to provide you the necessary evidence that the error they cite has not been the result of another error.

And I agree with your assessment that morally you are obligated to return the money if a mistake occurred. Were you shorted, they would be likewise obligated to pay you the difference.

I don't buy the philosophy that law can negate morality. That is ethical rot, an attempt to negate property rights and can never be legitimized attractive as it might be.

Also, if it's any substantial amount, discuss installments. If nothing else, maybe you can make it annoying enough they'll say forget it!

Good luck.

 

[SweetBrat73]

I think I'd have my attorney write them a "formal" letter and warn them that if they turn this bogus claim over to a "collection agency" you're gonna sue the shit out of them. You might also contact your state EEO office... The world is full of assholes and you just heard from a BIG one...

SlyFox

LoL I just couldn't pass on this one...is the BIG asshole she just heard from you or the place of employment???


Brat

 

[Shades of grey]

you've gotten some good advice and it's definatly worth checking into. But my opinion is the $$$$ is yours.

 

[Cheyenne]

I'd be pissed, too. But then, I'd already know that no mistake was made on my paycheck so they must be wrong. I'd also have the documentation to prove it. If they HAD made a mistake, I would have already told them about it months ago.

 

[Unclebill]

LoL I just couldn't pass on this one...is the BIG asshole she just heard from you or the place of employment???


Brat

Damn! My sincerest compliments. I missed the ambiguity.

 

[SweetBrat73]

Damn! My sincerest compliments. I missed the ambiguity.

*takes a bow*

why thank you


Brat

 

[phrodeau]

I called the recruiter that organized the summer clerk program and told him about the letter. The letter was from the main office, so he knew nothing about it. He said he'd look into it and get back to me by Monday.

If there was a mistake in my pay, then I obviously have no right to keep the money. But I'm just miffed that it took five months to find the mistake, and that they relayed the message to me in that tone. Someone really needs to work on their person skills.

It could be an attempt at fraud. Are you sure the company is still in business at the PO box given? The absent contact info is a big red flag.