My employer accidentally gave me an incentive bonus and now she wants me to repay it. is this against the law

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Of course you have to repay it!

CatLaw

Legally if your employer makes a mistake on your check you are liable to repay that money. If you do not it is the same as if you took money from the employer -- stealing. It was a mistake that they gave that you received a bonus, a stupid mistake but still a mistake. If you fight them on returning the money, you probably will be terminated and the cause will be theft.

You need to make the best of the situation. Go to HR and explain that you were promised a sign on bonus (if you were) or what ever reason that made you believe that this extra money was supposed to come to you. Tell them you already used the money. Ask if you can pay it back in installments.

This is not a rare problem. Many employees get extra in their paychecks due to some mistake in the payroll department, especially when that payroll department is some third party. This is not a moral issue, you cannot keep what is not yours, legally. It is listed in the laws on theft.

damn you suck

ummm if you are overpayed then yes you have to repay it.If a bank teller under pays you on a withdraw and you leave before noticing does it entitle them to keep your money? No law will side with you on this one.sorry.

My ex boss overpayed me once by over $300 on a weekly paycheck and I did not hesitate to go to him about it asI would do the same if I was underpaid.As it turns out it would have been a real pain in the @$$ to send my check back and have it corrected so I offered to bring him back the difference the next day and his resolution was for me to keep it and he would just take $50 a paycheck until it was paid off.He said to call it a loan.It made no sense to me since I could have just brought it back the next day but he insisted on this and then only took one $50 payment the next week and waived the rest off.Maybe it was a reward for honesty ? I'll never figure it out but I'll never argue a gift either.He sometimes liked to reward employees for good adendence,good safety records and sometimes even just came up to you with tickets to the Phillies and free parking vouchers and told you to take yor kid and have a good time.Sometimes he was a real slave driver also but thats business I suppose.Some people cannot be figured out.Maybe his actions were based on whether he got laid the night before.I have no clue!

You never know when you are being "morally tested" to see how honest of a person you are.One thing I can guarentee you is that even if you repay the money you may as well look for a new employer because you will never go far in the company you are with.These kind of reputations seem to stick with you.

Diogenes

I can't even imagine why you imagine you don't have to return the overpayment. Do you intend to keep this job? If you don't cheerfully return the money, you'll be fired and they'll sue you for it and win! This is America. You don't own your job and can be fired at any time, for any reason, or for no reason at all. Quit your whining and return the money which doesn't belong to you. It's not your boss's fault you're flat broke and that doesn't entitle you to "steal" the company's money.

Mel

Unfortunately, companies make payroll errors all the time, and just as unfortunately, they have the right to demand repayment. This is similar to having the bank make an incorrect deposit into your account, or having the IRS issue an undeserved refund - sooner or later, someone is going to come looking for that money.

You must repay it, but since it was the employer's error, try to negotiate a repayment plan where you have a smaller portion deducted from your check over time rather than having to pay it back all at once.

Good luck.

Pay the money back! It's not your money - people make mistakes and your boss should not be threatened with legal action because she made a mistake!

This question IS a moral question. Why waste time deciding if it is against the law to make you repay it. Maybe it is, maybe it isn't.....who cares, just do the right thing!

Lindsay

I am not sure what everyone elses education is, but I'm a lawyer and consider this to be a very tricky and grey area. It could turn on state law or facts you haven't shared. Contact an employment law attorney; I think there is a good argument, with the law on your side, allowing you to keep it.

Mr Landscape

I have a similar issue. My Employer recently changed the way we are paid to direct deposit and has since failed to give us paystubs. Then we were told in passing that we were all paid and extra 4% and that they will explain later how we will pay back about 2 weeks worth of pay. How can I be sure that this Error took place?

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