A former employer which I resigned in good standing and worked my entire 2 weeks notice is billing me for overpayment of wages?
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A former employer which I resigned in good standing and worked my entire 2 weeks notice is billing me for overpayment of wages?
I resigned my position on my own accord and gave my supervisor 2 weeks notice. I worked every day of my last two weeks and had no exit interview. When I questioned HR by phone on getting paid for my PTO I had earned, they originally said I would not because I failed to give 2 weeks notice. After copying them my resignation letter I had sent by email to my supervisor I soon received my Vacation pay. 2 months later I receive a Certified Letter billing me for over paid wages. The bill also state that if I had paid the amount by 12/10 I would have owed $550.44 but now I owe$ 655.01? My last day of work was 04/26.
Asked on July 11, 2019 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless your employer had an actual policy, which was made known to you before or at hiring, of not paying out vacation time on termination of employment, they had to pay you for your accrued but unused vacation when your employment ended. In this case, you were not overpaid if the alleged overpayment was for the vacation time, since you were entitled to it.
Note that if you were in fact paid more than you were entitled to, you have to repay the excess. The law if very clear that a mistake in overpaying someone does not entitle the recipient to keep the wages to which he or she is not otherwise entitled. But the key is, it must be an overpayment, and as stated, in the absence of a clear policy to the contrary, you were entitled to the payment of your vacation days on separation from employment.
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