--000000000000da068c05f188aa02 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Hi Irin, This was an error on part of the company. Other than calling the employee, did you send a letter with the above information arranging a repayment schedule? At the end of the day, if the former employee does not agree to repay the overage the burden lies with the company. In the states, if the employee or former employee does not agree to repayment; the payment or payments are reversed in payroll to correct the EE/ER taxes (W2 on monies they did not earn. Then A/P issues the employee or former employee a 1099 for those wages. The company is not in the practice of filing lawsuits on former employees to collect over payments. Shameema, do you know what has been done in the past to collect over payments. Regards, Germaine Daniels *Payroll Director *germaine.daniels@thekey.com Phone: 562-380-3662 TheKey.com [image: TheKey] On Thu, Jan 5, 2023 at 10:12 AM Irin Eva wrote: > Good afternoon Germaine, > > TOR Corp employee Gregory Simmatis (worked for NYC) was terminated > September 02, 2022, but payroll was not notified about his termination. S= o, > he continuously got a salary from his termination to December 30, 2022. > > Pls see the below breakdown amts he got overpaid. > > Pay Date Sept 09, 2022 Pay Date Sept 23, 2022 Pay Date October 07, 2022 P= ay > Date October 21, 2022 Pay Date November 04, 2022 > Gross =3D $384.64 Gross =3D $1923 Gross =3D $1923 Gross =3D $1923 Gross = =3D $1923 > Net =3D around $250 Net =3D $1510.63 Net =3D $1510.63 Net =3D $1510.63 Ne= t =3D > $1510.63 > Pay Date November 18, 2022 Pay Date December 02, 2022 Pay Date December > 16, 2022 Pay Date December 30, 2022 > Gross =3D $1923 Gross =3D $1923 Gross =3D $1923 Gross =3D $1923 > Net =3D $1510.63 Net =3D $1510.63 Net =3D $1514.80 Net =3D $1514.80 > Totals Gross =3D $15,768.64 > Totals Net =3D $12,343.38 > *Note*: I have called him several times, but he hung up when heard my > voice. > > I have found this in the website - Recovering an overpayment of wages > after an employee has left An employer is legally entitled to recover > any overpayment of wages, either during the currency of the contract of > employment, as well as after the employee=E2=80=99s contract has come to = an end. If > an employee has already left their job when the employer first discovers > the overpayment, whilst this complicates matters from a practical > perspective, it does not affect the employer=E2=80=99s legal entitlement = to reclaim > the amount. In particular, in circumstances where an employee no longer > works for the employer, the employer will no longer have the option to ma= ke > a direct deduction from the employee=E2=80=99s wages. In fact, in many ca= ses, an > overpayment of wages can occur in calculating the employee=E2=80=99s fina= l salary. > As such, having identified an overpayment post-termination, the employer > will need to request repayment from the employee