HELP - My employer is taking money off my salary

tom_hungston

Hi everyone

I’m working for a high street cloths retailer. I have been holding a manager’s position temporary for past one year as my manager went to handle another store in the city on temp basis. Recently my previous manager came back to my shop in March 2009. When she got back the HR of my Company didn’t tell me anything regarding my job title and my salary changing back to my previous position (which is supervisor).

When my manager came back it wasn’t for sure that she would remain manager at my shop as she applied for the manager’s position at another shop and she was waiting for her decision. When I spoke to my area manager about what would happen to my position now, then she said we’ll have to wait till your manager findout if she is accepted as manager at another store, if she does get accepted then you’d continue as a manager of this shop, if not then you’d revert back to your position.

My manager didn’t’ found out that she didn’t get the other job in April, anyway I was getting paid manager’s wages till last week when my manager told me that I’d have to pay back extra money that I have been paid by my employer,
And my employer just sent me letter (last week)that I have to pay money back since Feb 2009 to now. The letter says that “it is stated in the employee handbook that company has right to take money back from the employee if they’ve been paid too much by mistake”. as far as I understand I was entitled to that money as I haven't been told that my money would go back to supervisor either by phone or by letter.


My question is that can company take money from my wages without giving me prior notice. As far as I am concerned I was working and doing managers duty till may 2009, so I was entitled the agreed salary until I receive a letter from my employer about my position reverting back to store supervisor.

when I spoke to my HR last week they I have sent me a letter saying that they’ve made mistake and they shouldn’t be paying me manager’s wages after February 2009, to me this is not acceptable at all. Why should I have to pay money back for someone else’s mistake. Company can send me letter saying that they have made mistake and I shouldn’t be getting manager’s wages from the day one, so I have to pay all back…? This doesn’t make sense to me.

Any help from any legal expert would be much appreciated.

Cheers guys

lynzpower

ONe aspet is- I understand- smeone will know more than me- is that an employer cant ask for it back, if this will cause some level of financial hardship. Are you in debt, overdraft, credit cards, any loans??

SomeBozo

lynzpower wrote: »

ONe aspet is- I understand- smeone will know more than me- is that an employer cant ask for it back, if this will cause some level of financial hardship. Are you in debt, overdraft, credit cards, any loans??

This is not correct. An employer can ask back for any overpayment. If paying it back will cause hardship etc they can ask for it in installments (which they should anyway).

So back to the OP.

OP, do you have any paperwork confirming your "acting up" to the managers position? Confirming salary dates etc?

Bozo

Zazen999

What Bozo said - what did the letter confirming your acting up say?

tom_hungston

Somebozo,

Yes I do have the letter confirming the start date and new salary but no stopping date or mention of any date when I should be reverting back to supervisor position,

Also they never send me letter to say when I’ll be reverting back to supervisor, they sent me letter last week (received yesterday) which says that I have to pay it back from Feb 2009, I was working Managers hours till end of May so as far as I’m concerned I should have been paid that money,

do you agree or am I wrong...? if they can take money then they may as well take money from the day I have started as a manager.

Any help woudl be much apprecaite as always. Thank you

Zazen999

Personally, I would have asked the day that the manager came back whether my salary was reverting back - and they can take back overpayments.

I wouldn't get too shirty about it - as they may decide that you aren't the right one for the manager's job should come up.

However, technically they haven't overpaid you - you could argue that they have failed to revert your position back to your original job, which if you could show that you had been still carrying out some of the duties that you were doing as manager would give some backing to the claim. You could argue that they said during the conversation that you would revert back to your old job once the manager knew whether they were staying or not...so argue that the wage would revert once they knew this rather than back in Feb...[your words in bold below].

ie - counter their letter stating that you had been led to believe there were 2 possible outcomes, if your manager went then the position and salary would stay - if they stayed then at that point your salary would revert....and quote this conversation to them.


When I spoke to my area manager about what would happen to my position now, then she said we’ll have to wait till your manager findout if she is accepted as manager at another store, if she does get accepted then you’d continue as a manager of this shop, if not then you’d revert back to your position.

SomeBozo

do you agree or am I wrong...? if they can take money then they may as well take money from the day I have started as a manager.

Don't know enough yet.

So you had a letter confirming the date you acted up, with no end date.

1) The anyone ever meet with you in the job to say when it might end?

The only deductions an employer can make off you is

1) Deductions they HAVE to make , ie Tax, NI
2) Deductions you authorise them to take, ie Pension, coffee contributions

I think the next step is a letter along the lines of

Dear xyz

You state in a recent letter that I am to pay back my acting up salary from Feb 2009.

I am very concerned about this matter and contest the contents of the letters and the dates.

I require you not to make any deductions from my salary into we can discuss the issue.

I believe that from date Feb xxxx until xxxx I was still doing the duties expected of the <acting up position>. My evidence for this is :

1)
2)
3)
4)
((You need to put in here evidence. Where you chairing team meetings, cashing up, recieving instructions from head office, it needs to be things you did, and only you did in your capacity as manager))

I am also concerned that you wrote to me in June 09 to state my "acting up" should have ended in Feb 09. Can you explain these reasons? As you can appreciate having to pay back this money from Feb could cause me financial harship.

I look forward to hearing from you...


I would start there.

Bozo

tom_hungston

I'm very surprised to get help from you guys THIS QUICK. I'm gobsmacked, Very pleased with you guys the way you provide help to others.

Fantastic work you're doing.

Bozo
Thanks alot for your letter. that is exactly what I needed. will add + amend things in the letter and send them letter back with evidence.


Zazen999
Thank you for your suggestion of mentioning two possible outcome. I never thought to include that the way you've mentioned. it makes alot of sense to include that. and I will def. include it.

I will keep this thread updated till I get resolution.

Thank you very much for your help guys.

robnye

well done Bozo:

nice letter :T

SomeBozo

tom_hungston wrote: »

I will keep this thread updated till I get resolution.

Please do. So often we give advice and we never get to hear the outcome.

Bozo

Zazen999

tom_hungston wrote: »

I'm very surprised to get help from you guys THIS QUICK. I'm gobsmacked, Very pleased with you guys the way you provide help to others.

Fantastic work you're doing.

Bozo
Thanks alot for your letter. that is exactly what I needed. will add + amend things in the letter and send them letter back with evidence.


Zazen999
Thank you for your suggestion of mentioning two possible outcome. I never thought to include that the way you've mentioned. it makes alot of sense to include that. and I will def. include it.

I will keep this thread updated till I get resolution.

Thank you very much for your help guys.

No problem; makes all the years of management worth it There's usually/always another angle to look at things from.

Good luck.