Payroll error

[DaveM]

I just found that the city I work for has been over paying me by 5% for approximately 5 years.

I am a fire fighter and I was given a temporary promotion in 1995. This entitled me to a 5% pay increase during the temporary promotion period.

3 months later I was promoted to the position on a permanent basis.

The payroll department gave me the pay increase appropriate to my new position but never stopped the 5% increase I had received for the temporary position.

I found the error when the city sent an itemeized benefits summary to me at the first of the year.

The city is now demanding that I repay the amount that they overpaid me.

What is my recourse in this situatio

 

[Attorney_Replogle]

I presume that you are not a union employee. If you were then you should consult your union steward. Otherwise, you have to pay them the money back. However, the other related problem is that it was their fault for this overpayment. This overpayment has now caused your state and federal tax returns to be in error. Is the employer going to pay for your time and effort and money you may spend in getting these straightened out? Noooo, of course not. This overpayment has also likely affected your potential Social Security benefits and Unemployment Compensation benefits. What is the employer going to do about those, hmmm? So, I suggest that you speak with an employment law attorney near you about this matter. You can find one at attorneypages

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Mark B. Replogle

 

[DaveM]

This is pretty much the answer I expected. The city has told me they will work with me to rapay the money (how nice) and will take the money back pre tax (since I already paid the taxes on it).

We are unionized but the City Charter does not recognize labor unions (right to work state).