Employer asking for wages paid in advance back.

Lightspeeders

Hi,

I am speaking to someone at the moment who has told me that her employeer has paid her wages in advance as normal for this month until the end of this month.

She has left her job in between these times and now the employeer is asking for the wages back.

Is there anything she can do - possibly even delay it, I know instalments may be an opton.

also do you think it may be worth her speaking to a solicitor?

Thank you for reading this and any help you can give.

allconnected

So she’s been paid for work she hasn’t done?

she should give it back. Of course she can delay repayment  by forcing her ex employer to take her to court to recover the overpayment, and any court decision may well order repayment in instalments, but if she’s been paid for a period she didn’t work then she hasn’t actually earned the money and isn’t entitled to it.

Im not sure what you think a solicitor would achieve, apart from costing her even more money? 

And that’s why virtually no employers pay wages in advance……

The_Unready

How much are we talking about?

At first glance it would seem a tad remiss of this person not to have accounted for the implications of the overpayment if she knew she was leaving her job.

Did she give a notice period?

PartyOfFive

Bit odd for an employer to pay in advance these days.

Why are you asking if it might be worth speaking to a solicitor? Is the question you are really asking "Can I legally keep the money" by any chance?

In which case, the answer is no. She needs to pay back what she hasn't earned. If the employer accepts installments so be it - but it will need to be paid.

Lightspeeders

The solicitor was more because I wasn't sure if its legal to take the money back.

And I am not sure about those things yet I am still clarifying them.

I will update this thread soon as I have those answers.

Lightspeeders

She is willing to pay the money back, But I also do not think it was expected to happen.

So now paying such a big chunk back is going to impact daily living expenses now.

I will get the information asked here soon and in the meantime I will tell her to ask for installments if possible.

Penguin_

PartyOfFive said:

Bit odd for an employer to pay in advance these days.

Why are you asking if it might be worth speaking to a solicitor? Is the question you are really asking "Can I legally keep the money" by any chance?

In which case, the answer is no. She needs to pay back what she hasn't earned. If the employer accepts installments so be it - but it will need to be paid.

Some do if you have gone from weekly pay to monthly by moving jobs.

Penguin_

Lightspeeders said:

She is willing to pay the money back, But I also do not think it was expected to happen.

So now paying such a big chunk back is going to impact daily living expenses now.

I will get the information asked here soon and in the meantime I will tell her to ask for installments if possible.

Well why doesn't she ask her new employer for an advance?

comeandgo

My old employer paid mid month so you were paid two weeks in arrears and two in advance so when you left your wages were lower due to having been paid the two weeks in advance.  As your friend left earlier than the end period she was paid to she will have to repay it.  If she did not give any notice she may have to pay for that omission too.  

Lightspeeders

Ah never mind I have just discovered that she had not been working there a while and had exhausted all her sick pay and it became wages this month again so they would like it back obv.

I have told her to at least ask them for installments and that it will be a massive impact otherwise.

They may accept or not as you say.

Thank you for all your help.

prowla

I think the employer is right to request the unearned pay be returned.

There could be some games to play as far as stretching it out til the next pay packet, but that's about it.

I did work at one place where they'd accidentally paid someone after they'd left and they were taking action to get it back.