Ex employer Bonus overpayment

Fordy_deluxe

My previous employer sent me a letter today stating they have overpaid me on my last pay packet. Im not fully aware, if they over paid me, it was there error, but do i have to re pay.

My question is, after digging a bit and looking into my finances i have infact realised that they're only half correct. They paid me my salary correct, holidays owed and bonuses but its the bonus they're asking for back.

I left the employer at the end of feburary but the bonus was for work completed in januarary.

So where do i stand? Im aware that on leaving the employer they can not pay me my bonus, but if they have already paid it, and then ask for it back, do i have to?

To be truthfull, i did get sacked from the employer so i am now un-employed, as they have only now notified me of this situation a payment for my mortgage has gone out so im un able to re pay (if i have to) any money.

Finally, if it turns out i do have to repay back my bonus, do i have to pay it all back at once? Or can i opt to pay a smaller amount back over a period of time?

Thanks in advance

spadoosh

You do definately have to give it them back.

I assume in your contract it states something along the lines of 'upon termination any bonus payments due are forfeitted'

I suggest contacting them asap and saying you wasnt aware of any overpayments (fib a little) and you have checked and dont have the money available to pay right now but would like to set up a repayment plan for it. If they say no, tell them there other option is through the small claims court and this would be more costly for them. Either way they will get thei money back or cause a nuisance to you at the ver least.

Fordy_deluxe

Im not sure what my contract says, but if it does say i have to forfeit my bonus, wouldnt that only apply up until they actually paid it, as in 'ok you need to forfeit your payment' but they then paid me it anyway so its passed the point of forfeit...

jazzyman01

I would check your contract/paperwork relating to bonus. Unless it is very specific regarding bonus not being paid then I would write back stating that as far as you are aware you do not owe them anything. I would be polite and state that you have checked and as it is salary, holiday and bonus for work carried out in the month before you left you cannot see why they are making this claim.

Ask for an explanation and then let them come back to you.

JamesK10

Fordy_deluxe wrote: »

Im not sure what my contract says, but if it does say i have to forfeit my bonus, wouldnt that only apply up until they actually paid it, as in 'ok you need to forfeit your payment' but they then paid me it anyway so its passed the point of forfeit...

Put it this way, they sacked you. Just tell them you'll be happy to pay it back in return for a proper, written, good reference on letterheaded paper, and request multiple copies. If not, then it's CAB time.

McKneff

JamesK10 wrote: »

Put it this way, they sacked you. Just tell them you'll be happy to pay it back in return for a proper, written, good reference on letterheaded paper, and request multiple copies. If not, then it's CAB time.

You cant do that. Full stop. It's pure nonsense.

They overpaid you, legally, you have to pay money back that is not yours.

It is not open for haggling or blackmail.

Written references given by the prospective employee arent worth the paper they are written on, anyone can knock one up.

Just pay it back and stop messing about.
You could ask them, no, tell them that you can pay it back in installments.

Googlewhacker

JamesK10 wrote: »

Put it this way, they sacked you. Just tell them you'll be happy to pay it back in return for a proper, written, good reference on letterheaded paper, and request multiple copies. If not, then it's CAB time.

LOL...brilliant....:cool:

DVardysShadow

McKneff wrote: »

You cant do that. Full stop. It's pure nonsense.

They overpaid you, legally, you have to pay money back that is not yours.

How many times?

Always, the onus is on the employer to prove that the money was actually overpaid. It is not a given that because they ask for the money back that the money is actually due to them.

So the first step is to insist that they prove that no bonus was due. Only after they have proved that does OP need to pay anything back.

McKneff

Well I was giving the posters on here the credit for being intelligent enough to know that they would have to obviously prove it.