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Legal advice - help is appreciated!

tallaghtban · 2006-12-03 16:55:41

I was hoping someone could give me some legal advice. If an employee leaves a company but the company pays the employee an extra month's wages by accident a month after he/she has left (i.e payroll not informed) - is it mandatory that the former employee return that money? Thank you

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03-12-2006 5:55pm

#1

tallaghtban

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Join Date: December 2006

Posts: 1

I was hoping someone could give me some legal advice. If an employee leaves a company but the company pays the employee an extra month's wages by accident a month after he/she has left (i.e payroll not informed) - is it mandatory that the former employee return that money?

Thank you

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#2 03-12-2006 5:57pm
Karoma

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In a word: Yes.

I believe this was discussed in more depth recently enough (Within last 1-2 months) in Work&Jobs or After Hours.
Try searching: http://www.boards.ie/vbulletin/searchbt.php

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#3 03-12-2006 7:01pm
tallaghtban

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Join Date: December 2006

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Hi thanks for the response, I couldn't find that other thread.

I don't understand how they can claim their money back if it's a clerical error on their part, they don't know of this error yet but I'd like to be forthcoming with it rather than get a letter a few months down the line

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#4 04-12-2006 3:02pm
whiskeyman

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tallaghtban wrote:

I don't understand how they can claim their money back if it's a clerical error on their part

It's simple - It's their money and wasn't meant to be yours.
Any employer is within their rights to deduct from your wages should they overpay in error.
See here re deductions on Oasis.gov.ie

They will probably find out sooner or later and demand it back. If you genuinely didn't know either, they'd probably come to some agreement with you to pay it back over (say) a 12 month period, depending on amount and your situation.

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#5 04-12-2006 6:46pm
Eoin

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tallaghtban wrote:

Hi thanks for the response, I couldn't find that other thread.

I don't understand how they can claim their money back if it's a clerical error on their part, they don't know of this error yet but I'd like to be forthcoming with it rather than get a letter a few months down the line

What about if they underpaid you, and you didn't notice until after a few weeks - do you think it would be unfair for you to ask for the money at that point?

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