Help DUers! Employment/Legal Advice needed please!

[CPschem]

Ok, so last week I tendered my resignation from work. Later THAT DAY HR informs me that they've made a bit of a mistake and that they overpaid me- in December 2003. They were changing their entire payroll system and that our whole pay schedule was messed up. I knew we were supposed to be getting several paychecks for atypical amounts during this transition. Apparently I received a paycheck very close to the regular amount, but it should have been a really small paycheck because of their weird, confusing pay schedule. So, they tell me that because of THEIR error LAST YEAR I owe them $630, which they'd like to take out of my next (final) 2 paychecks. I was the only employee this happened to.
What the hell do I do? Before they can take my loot I have to sign a form giving the jerks permission to do it. Do i sign? Do I wait the 5 days i have left and never sign??? Should I torch the place and flee the country? Help!

[mstrsplinter326]

1. get a lawyer

and don't sign anything he doesn't approve. I doubt they can take your money if you don't sign and you're quitting.

[WillParkinson]

2. Talk to a lawyer...

But consider paying it if, for no other reason, than they might use it against you if you use them as a reference.

[CPschem]

6. not worried about using them as a reference..

i'd use my boss, and he's leaving too.

[Renew Deal]

3. Simple answer, NO

Run the numbers before you authorize them to do this. Make sure you all agree on the discrepency. This is not a negotioation. Either they get the right number or they get nothing.

[AspenRose]

4. Yes, get a lawyer

I am a paralegal by profession. Get an attorney before you agree to do or sign anything.

[CPschem]

5. wouldn't lawyer fees surpass the amt i'm supposed to pay my employer??

[TreasonousBastard]

8. Probably...

and you should have a state labor department that may help you for free if you file a complaint.

At any rate, they must give you a full accounting, to the penny and in writing, of what you earned and what they overpaid. Insist on it. They can't screw with your pay, and they can't deduct this unless they can prove that they overpaid you. There is nothing to say that this "overpayment" they claim isn't a mistake, too.

They will, of course, very likely try to get away with anything they can, and the law in your state may somehow end up on their side.

On edit--

Just looked and saw you're in DC. Whoa! I have no idea what the labor laws there could be or what agency you can appeal to.

But, they're still not supposed to screw with your pay-- see if you can stand firm and get the actual pay records.

[CPschem]

11. thanks for responding..

well i tried to contact the DC Dept of Labor last week, but couldn't even get through to an actual person... public services here are a joke. a lot of people are telling me not to sign it- that there's no way they'd pursue legal action to reclaim a few hundred bucks for an error THEY made.

[TreasonousBastard]

12. Methinks they want you to sign the paper...

because they know they have no real grounds to just deduct it.

Just a guess.

[slackmaster]

7. Don't sign anything yet

If your state is like most, they can't make payment of your regular wages contingent on signing anything.

Find a real pit bull of a lawyer and give them hell.

[TXlib]

9. Similar thing happened to me.

I was laid off, and after the last severance payment came, i got a letter stating that they overpaid me by $600. They demanded i send payment immediately.

I asked a lawyer, and he said to forget it. For one thing - it's only $600, not worth pursuing. For another - it was their mistake, not mine.

I never heard back from them.

You situation is more complicated, since they still have to pay you, but I'd ask a lawyer about it.

You can also ask them point-blank if you are obligated to pay this back; ask them what will happen if you refuse to sign.

Pay close attention to what they say; they are quite good at making it sound like there are dire consequences, when, in fact, all they are saying is that they won't print out an amended W2 for you so you can file an amended tax return.

[GumboYaYa]

10. The answer depends upon state law.

You need to speak with an attorney licensed in your state. Generally, the laws protect a worker's right to get paid, but there are signfifcant variations on the law from state to state.