When overpayments occur, the employer and employee should discuss and agree on a repayment arrangement.
If the employee agrees to repay the money, a written agreement should be made which sets out the:
reason for the overpayment
amount of money overpaid
way repayments will be made (for example, cash, cheque or electronic transfer) and how often (this has to be reasonable).
Granted, this is generally for overpayment of wages and not specific to redundancy pay. There may be clauses in their contracts with varying terms that allow them to reclaim, but I’m just some dude on the internet.
I get that but kind of like when your labor rights are violated, it’s up to you to pick the fight and get your pay, which is often a shitty and awkward process
Do they have a case here? Are they entitled to have that money returned if they paid it out already?
From the Australian fair work ombudsmen:
When overpayments occur, the employer and employee should discuss and agree on a repayment arrangement.
If the employee agrees to repay the money, a written agreement should be made which sets out the:
reason for the overpayment
amount of money overpaid
way repayments will be made (for example, cash, cheque or electronic transfer) and how often (this has to be reasonable).
Granted, this is generally for overpayment of wages and not specific to redundancy pay. There may be clauses in their contracts with varying terms that allow them to reclaim, but I’m just some dude on the internet.
Depends on the laws. My province in Canada they have upto six months to realize they over paid you otherwise nothing legally they can do.
And in Florida, the employer can go fuck themselves.
SOURCE: Worked 5-years at a payroll firm. You deposit the money, it’s theirs, end. Doesn’t even matter if it’s the wrong account.
One of the very few things from Florida I actually agree with
Until they pay the wrong person lol
Sounds like they need better payroll processes to me
Unless you’re suggesting that it would mean the worker wouldn’t get paid? Yeah, no… They still owe for work done
I get that but kind of like when your labor rights are violated, it’s up to you to pick the fight and get your pay, which is often a shitty and awkward process