Overpaid by my job!!!!

Bender's Game

I've been overpaid by my job for the last three months, and I kind of didn't mention it, but they've rectified the error on their end now, and would like their money back! Which I ,being a student, spent. They actually gave me the wrong contract and paid me full time wages for the first three months with payslips to verify the amounts. I don't know if I've to give them their money back straight away in a lump sum or if I need to get representation, because in our first little meeting I was taken aback to how forceful they were. They want 850 back next week then the rest will be deducted monthly from my wages,150 Euro each month. Now I can't afford this! I know I have to pay them back but it was their fault even if I did nothing about it. The Payment of Wages Act does not come into it as it is an overpayment of wages. Is there anywhere I can ask what my position is legally. They hinted at repo men if i did not play by their rules,but it also sounded as if they did not want the parent company to find out. It alll sounds dodgy to me but what do i know i failed my law exam this year... any help would be wonderful!

newbie2

If they gave you the wrong contract and you and they signed it then they're obliged to honor that contract. but you are also obliged to honor that contract - ie work full time. - i think

dudara

You will have to pay them back, unfortunately, but they really should be more accomodating, given that you're a student and that it was their mistake in the first place.

Contact NERA - www.employmentrights.ie

projectmayhem

Ask them if you can spread the payments out at a more leisurely pace. Make sure you tell them you're willing to pay though, as "in times like these" it'll look better for you if you're being honest with them.

I don't see how you're in the right at all, tbh. You knew they were overpaying you - did you really think you could get away with it for much longer? If you're overpaid, you're legally obliged to give the money back. If they gave you a full time contract and you signed it, then you should have worked full time hours.

Bender's Game

I know I'm at fault, I just don't want to be messed about because of their mistake. I contacted NERA earlier today and they are sending me out forms to try and organise a mediator. It happened to someone else and they just left and their was no real follow up once they did,but I need a job to survive. i have the contract that states i was getting paid the correct amount but i was not working the correct hours? i'm trying to find out if i am able to pay them back at a more resonable rate. 150 euro a month would leave me 240 a month to live on after rent. And to be honest thats not living!

You should have thought of that before spending money that wasn't yours, tbh. I'd have notified them and paid them back immediately. Not because I'm a super person with morals but to avoid this situation! What did you think would happen?

Bender's Game

well thank you you solved my problem. i'll just go back and do that.

newbie2

Bender's Game wrote: »

It happened to someone else and they just left!

Sounds like there's someone there not really doing their job properly - 2 wrong contracts handed out = sack the board!

Seriously - It looks like
1. you signed a full time contract and are due to be paid full time wages. This is their mistake - they take the hit.
2. you were obliged to work full time hours which you didn't - you take the hit
3. your manager should have made sure you did your correct hours. - -they take the hit
4. €240 per month to live on - you take the hit.

you should have read your contract before you signed it. - I'm amazed how many people don't read contracts before they sign. In fairness alot of people just want a job and sign whatever their given, but a contract is a leagally binding agreement - which should be abided by all people concerned. if they don't want Head office to find out - there's a reason. And i would suspect the reason is they know they are in the wrong.

stovelid

Bender's Game wrote: »

I know I'm at fault

I just don't want to be messed about because of their mistake.

??

Their mistake is that they paid you too much. You're being messed about because you knowingly spent it.

zuroph

get head office/parent company involved, or at least ask for them to be involved, saying u cant afford to pay it back instantly. they'll be more accomodating to you then, to try avoiding putting their own heads on the blocks.

Bender's Game

tbh I never signed the contract, the payrole is over 40'000 and in England so I guess they make a few mistakes. i have two copies of the contract, its issued by my direct manager, but it only needs my signature. i'd prefer a nice simple 10 percent of all future wages to be taken off me. but will i need a union rep with me or someone who might know whats going on, i'm a bit of a wimp when it comes to these situations and i'd do what i'm told without some backing up. will anything that is decied on have to go in writing? thanks newbie

well thank you you solved my problem. i'll just go back and do that.

Or maybe you could just accept that you're in the wrong here and survive on 240 a month for the next while. I'm sure you had a great time when you had all that extra money to spend so it evens out. It was their mistake originally, yes, but you also made the mistake of keeping and spending the money. You could ask them to negotiate another deal where you pay less for longer, but I don't think they're obliged to help you out.

dudara

I think people are being somewhat harsh on the OP here. Yes he did something stupid by spending money that he knew he shouldn't have been getting. But in fairness, that's over and done with now.

Right now he needs help on coming to an arrangement with the company - which he is amenable to. He's not trying to avoid paying them back.

newbie2

Bender's Game wrote: »

tbh I never signed the contract, the payrole is over 40'000 and in England so I guess they make a few mistakes. i have two copies of the contract, its issued by my direct manager, but it only needs my signature.

You're in the sh!t then mate - no contract = no rights. your technically not empolyed in my eyes. pay them back and take it in the ass for a few months.

i'd prefer a nice simple 10 percent of all future wages to be taken off me.

They'd prefer you wouldn't spend their money.

but will i need a union rep with me or someone who might know whats going on,

yes - it's best, but don't expect any sympathy. A rep will help you iron out any funnies between you and your employer.

i'm a bit of a wimp when it comes to these situations and i'd do what i'm told without some backing up. will anything that is decied on have to go in writing?

i think it's best. But without signing a contract you really don't have a leg to stand on. Don't make any demands here. I'd play the ignorence is bliss card. the fact of the matter is you knowingly accepted full time wages from an employer while only working part time hours. Without signing a contract you've no real rights. Try to come up with a solution that suits everyone. BTW - I've lived on less per month
Sorry

Frisbee

Bender's Game wrote: »

They want 850 back next week then the rest will be deducted monthly from my wages,150 Euro each month.

How did you manage to spend 1000euro plus??
I mean surely you would have kept some of it knowing that they might ask for it back?
And 1000 is really the minimum assuming 850+150 if you only have to pay back for one month, sounds like its gonna be a few months though...

And yeah if you havent actually signed the contract then its on you to reimburse them unfortunately...

newbie2

Frisbee wrote: »

How did you manage to spend 1000euro plus??
....

hookers and cocaine ??

EL_Loco

personally I'd get a loan from the bank and give them all their money straight away. At least you'd have the satisfaction of not being in the red to the people you're working for. Do it before they dream up some inflated interest rate too.

yeah you'll pay the bank interest but to me it's a small price to pay for not having your job have anything over you.

jaffa20

I don't see how they can be so demanding. They should be more reasonable. If a bank was to put too much money in your account, you're allowed to negotiate the repayments yourself because it was their fault. The same should stand for a company. Let them know you can't afford it and that you are willing to repay a smaller sum each month.

If they don't agree, they probably just wont pay you which is **** and if that happened to me, i'd leave and keep the money.

Bender's Game

I'm thinking about it, from what i've read its down to who made the mistake and if i have spent the money. the company will have to give me a no interest loan from what i understand. but i'm not too sharp when it comes to law. i understand that i'm in the wrong but from what i've read in the last two days its very much a grey area. think i should consult a someone in the legal profession? Cause knowlege is power in this situation, they know i know nothing so unless i find out my rights i'm proper cooked. rumour has it in work that they just send out a letter asking for it back if i agree nothing. but then again since i noticed is it stealing? If there is anywhere i can go for help other than NERA i'd love to know!

newbie2

Bender's Game wrote: »

then again since i noticed is it stealing? If there is anywhere i can go for help other than NERA i'd love to know!

Jaysoose

newbie2 wrote: »

Just noticed this thread and its hilarious people are actually sympathising with the OP, he gets paid what must be 500 or so extra in his wages three months in a row and spends it knowing he didnt earn it!! being a student doesnt excuse stealing from his employer (its the truth no matter how you dress it up) and the fact that his emplyers didnt sack him he should think himself lucky....take the hit, pay them back the money and grow up.

newbie2

no sympathy here mate

NabyLadistheman

I have sympathy coz Id have prob done the exact same thing! It's easy to say he shouldn't have spent it coz ye have money. It's done now though so I won concour with most of what has been said and just pay the €150 a month back

Good luck mate

Mr. Presentable

OP, talk to them, come to an arrangement, or better, borrow the money and repay them. Even though they made a mistake, you knew it and spent the money. Legally it is called Larceny - theft. They are entitled to make a criminal prosecution, but surely wouldn't want to, so make sure they don't!

qwertz

OP, go to a solicitor and get proper legal advice. Don't take any of the stuff posted on a message boards as legal advice.

Mr. Presentable

qwertz wrote: »

OP, go to a solicitor and get proper legal advice. Don't take any of the stuff posted on a message boards as legal advice.

That's the advice he needs - spend money on a solicitor who'll tell him he hasn't a leg to stand on. :rolleyes:

Plus, of course, no one is giving him "legal advice".

qwertz

A lot of solicitors give you the fist hour free of charge. Then the OP can make an educated decision.

nipplenuts wrote: »

That's the advice he needs - spend money on a solicitor who'll tell him he hasn't a leg to stand on. :rolleyes:

Plus, of course, no one is giving him "legal advice".

sdanseo

Are you in a union, and if so have you asked them for representation?

Jo King

The thing to do is insist that you can only afford x per month. They will have no choice but to accept. If you leave the job they know they will never get it back. they will only want to tell the bosses in England after the money is paid back. If you pay it in a lump sum you could be sacked straight away as they will have no further need of you. Owing an employer money is a surefire way of not getting fired. Mine has been looking for money back from me for years.

Bender's Game

yeah i guess i need representation because my team leader just said to bring the money in next week and then said goodnight. I'll have to go the union and ask them to set up a meeting. thanks for everything... i'll let you know if i find anything out! for now i'm going to enjoy my weekend as best i can without spending a single cent!