I work for a small subcontracting company who is under a larger subcontracting company who is under a large computer company.
I dont get any benefits. I can take vacation but I dont get paid for it.
My contracting company just called me and told me they accidentally paid me for a week vacation I took in Sept 2008. It wasn’t my fault, it was their fault. So thats like 1200 bucks they want back. They are going to take it out of my next pay check.
Is this even legal? Its been 6 months and it was last tax year. Are there any NYS labor laws in my favor here? This is a huge kick in the teeth.
I beleve they have 12 months to go after you … they can pull it out of your bank up to 180 days(just like if i was to wright you a check) if direct dept
Newman thats not true. I honestly did not notice. I dont even get pay statements. Its all done online via ADP and I never even check it. Direct Deposit. I checked it when they called me and sure enough they are right.
that really stinks. Will they let you work overtime to make it up or something?
That said, I would almost CERTAINLY notice an extra 1200 buck in my bank account. But my paychecks are almost always the same amount, so if yours aren’t i could see it getting missed.
I would see if you could work out a thing where the take $xxx back over the next 6 months instead of all at once. I am hoping that you are on good terms with your employer though
You guys are generally right as I should have paid more attention.
Its tough to track bc the pay periods arent a consistent 2 weeks they changed it to the 1st and 15th of the month. So the pay period is never the same length. Also its lagged 2 weeks behind. Plus I do work alot of OT so there is no consistency whatsoever.
Something similar happened to someone I know when he left his old job. They sent him a letter saying he owed them $9000 for vacation time he took that wasn’t owed to him. He sent them a letter saying that they owed him $800 for pay he didn’t receive(not true). It went back and forth a few more times. In the end his former employer gave up.
The difference is he didn’t have to work for them the next day…
It sucks, but the responsibility is on you to notice it and report it at the time.
Same thing with bank errors. if you deposit 200 and they accidentally put in 2000 you have to let them know. It’s actually illegal to not tell them and I’ve seen people arrested when they knowingly tried to withdraw the error amount. It’s not very hard for the bank to prove you knew it was an error.