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    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #1

    Oct 2, 2010, 03:56 AM
    About overpaid salary
    Then can she ask the staff give back the money to her after two month?
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #2

    Oct 2, 2010, 04:57 AM

    Are you stating employees were overpaid at one point, the accountant/owner/payroll manager found the error two months later and requested all employees to return the money?

    If that is your question, then yes, "she" can ask the staff to return the money. If you all knew you were overpaid, you had a moral obligation to point out the error at that time. I don't know what country you are in but generally speaking, if the money isn't returned, at the very least you can be fired from your job.
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #3

    Oct 2, 2010, 05:20 AM
    But if the accountant is see the punch card to paid the salary to staff then that time the staff don't pass the punch card to her and also send the resign letter to her before already.then is it they also can ask me return the money to her?is her mistake
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #4

    Oct 2, 2010, 05:27 AM
    If is she mistake then how?
    Actually the accountant need see the punch card to paid the salary to staff,but the staff at that time didn't pass any punch card to her and also when resign already pass up the resign letter to accountant by the staff marketing?and then the accountant ask the staff payback the money is more than real amount ?then is it I also still need pay back to her?even though the amount is different with the payslip amount?is it the accountant have problem?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 2, 2010, 05:30 AM

    First, Please don't post the same question in multiple places. I've merged your threads for you. This is a payroll issue, not an accounting or Criminal law issue.

    Second, I'm having a problem understanding what happened. Your questions are very unclear. Was an employee over paid? If so, why was the employee overpaid? Has the employee left the company so the overpayment can't be corrected in a subsequent check?
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #6

    Oct 2, 2010, 05:41 AM
    Is this a mistake
    Is the accountant no see the punch card to do her work,after two month she know about she already overpaid salary to staff is because the staff come back again working.before that the staff never pass up the punch card and also when resin already pass up the resign letter by the staff marketing.but the marketing told that she already pass to accountant,but the accountant said she never received.and then the accountant said she will do this mistakes is because she dun received the resign letter,but actually the accountant must see the punch card to paid salary not the resign letter.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 2, 2010, 05:51 AM

    Please stop starting new threads for the same question. I've merged your threads yet again. Use the Answer options to add a follow-up question.

    I still don't understand the question. Are you saying she was overpaid because the accountant didn't see her time card?
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #8

    Oct 2, 2010, 06:01 AM
    Yup
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #9

    Oct 2, 2010, 06:03 AM

    Xiauhui, I am sorry but Scott is right. I am having trouble understanding what you are asking. It appears we have a language barrier.

    Are you stating the accountant never received the time card and paid you based upon what she thought was the correct amount, and the time card was eventually given to the accountant after you resigned from your job? Now she is asking you to return the difference in pay? If that is the case, then yes, you need to repay the money.

    Xiahui, if you knew that you were paid the wrong amount, you had a moral and legal obligation to bring it to the accountant's attention. It is not the accountant's problem. She is just working for the company. It is your problem. The company can sue you for the money or bring criminal charges against you. Do you want to take the chance of ruining your future? Even if they never bring criminal charges against you, keep in mind when you apply for a job in the future, the new company will be asking for references from your old company. Do you think they will give you a good reference if you don't repay the money? Please think about the future consequences of your current actions.
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #10

    Oct 2, 2010, 06:10 AM
    But the company policy is need pass the time card to the accountant then she only can paid the salary,if no time card then will not get the salary.the accountant must see my time card then only can paid me.but I never pass my time card to her how can she will paid me the salary?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Oct 2, 2010, 06:24 AM

    As Lemming said, you have a responsibility to turn in your time card. So that's your first problem. If they paid you without it and they overpaid, that doesn't end your responsibility. You owe them the overpayment and a court of law would support that.
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #12

    Oct 2, 2010, 06:24 AM

    So, are you saying you think the company should hold the accountant responsible for paying back the money? Do you really think they will?

    I am sorry but my answer will not change. She might have made the error but YOU are the one that benefited from it, not her. Maybe she will get fired over this but you are the one the company will be looking to repay the money, not her. You knew that you were overpaid. You are the one who has the legal responsibility to return the money to the company.
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #13

    Oct 2, 2010, 06:43 AM
    OK,said like this.I resign at June,then at July they also need paid my fixed commission and my ot for the June.after that on July if she dun see my June time card how she can count my OT? And that time I already pass up my June time card and resign letter together and inform her I already resign.After this when August she still paid me the salary.And then I never check my account until they give me the payslip I only know she have paid me the salary.At that time I also feel something wrong,then I have ask my why I still have salary,but they actually is ignore my ,not only one time I ask this question.after when September I still have salary.and then this time they only know they already overpaid for me.and this time I also dun know she have paid for me,is my assistant super ask me go to check my account I only know.After that the accountant told me she alr paid me more than 4 thousand.but actually when I calculate my payslip the actually amount that she paid me is less than 4 thousand.is it the accountant have problem?
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #14

    Oct 2, 2010, 06:55 AM

    So, you are admitting to the fact that you knew she made a mistake. Just because they ignored your questioning it doesn't mean you are legally entitled to keep the money. In fact, you knew you were being paid in error.

    Again, no matter how much you want my answer to change, it won't. Legally, you are the one responsible, NOT the accountant. You have chosen to keep money you knew didn't belong to you. Stop trying to find a reason to keep it. REPAY the company before they either sue you or have you arrested. If you have received close to $4000, you can bet they will be coming after you.
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #15

    Oct 2, 2010, 07:05 AM
    And then why my marketing say if I dun want pay back then she need pay that money?is it related my marketing?and also when the accountant bank in the salary for me the amount will direct deduct to the EPF and Socso account then is it I need use my private money to pat back.cause the epf and socso account money cannot take out before 55years old.then can I ask her get back the money from epf and socso account with her self? The amount after deduct my commission an ot less three thousand four hundred.if like this I also pay back them that amount they told me?that is more than 4 thousand.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Oct 2, 2010, 07:10 AM

    How many ways do we have to say this. A mistake was made, the mistake was caught and you were told to reimburse. You are required to reimburse.

    Whatever action is taken against the person who made the mistake has no bearing on the fact you need to reimburse the overpayment.
    xiauhui's Avatar
    xiauhui Posts: 9, Reputation: 1
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    #17

    Oct 2, 2010, 07:19 AM
    If I really dun want give back the money cause I dun know the bank is it already give back the money to her.then I will work to them until finish that amount,is it OK?and also actually I no dun want payback is because I feel that the accountant really have something wrong,and my marketing also have problem.I feel that they have something to lie me,so I will no give back the money if them dun honest to me
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #18

    Oct 2, 2010, 07:39 AM
    Quote Originally Posted by xiauhui View Post
    and then why my marketing say if i dun want pay back then she need pay that money?is it related my marketing?
    I don't know what you are talking about here. I cannot respond to what someone else may or may not have said to you. I was not privy to the conversation. If you are POSITIVE that you don't have to pay the money back based upon a conversation with someone else, why are you asking us the question? If you don't think you will get into trouble and the company won't prosecute you or sue you, then do whatever you want to do. It doesn't make any difference to me.

    Quote Originally Posted by xiauhui View Post
    and also when the accountant bank in the salary for me the amount will direct deduct to the EPF and Socso account then is it i need use my private money to pat back.cause the epf and socso account money cannot take out before 55years old.then can i ask her get back the money from epf and socso account with her self? the amount after deduct my commission an ot less three thousand four hundred.if like this i also pay back them that amount they told me?that is more than 4 thousand.
    The company is responsible for ensuring that Social Security and Medicaid (EPF?) are notified and the amounts are adjusted. Once you return the exact amount you were overpaid (not the gross amount before taxes but the net amount which is the amount you actually received) the accountant must balance all the accounts that were affected. So, you shouldn't have to worry about that. But, if you are concerned about making sure the reporting is correct, talk to the accountant or whoever is handling this issue for the company. Ask them for a letter stating exactly how it will effect your ept and socsec and whatever else you are worried about.
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #19

    Oct 2, 2010, 07:41 AM
    Quote Originally Posted by xiauhui View Post
    if i really dun want give back the money cause i dun know the bank is it already give back the money to her.then i will work to them until finish that amount,is it ok?and also actually i no dun want payback is because i feel that the accountant really have something wrong,and my marketing also have problem.i feel that they have something to lie me,so i will no give back the money if them dun honest to me
    Sounds like you made up your mind before you even posted the question.

    Good luck.

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