Am I liable to repay a bookkeeping error?

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Am I liable to repay a bookkeeping error?

I work at a golf course and receive commissions on certain fields. Come to find out their bookkeeper has been paying me on the gross sales and not the net for the past three years. Now the club wants me to pay it back, even though they have approved the financial reports each month at the board meetings. Am I obligated to do so or should they pursue the bookkeeper for reimbursement?

Asked on December 19, 2012 under Employment Labor Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you are obligated to repay the money. If you were to be paid a commission on net sales,  not gross, then that is all you are entitled to. An error in calcuating your commission and sending you too much does not entitle you to more money. It is like if you happened to overpay a contractor or mechanic for work they did--you would be entitled to get your money back and they would not have the right to keep the overpayment. Similarly, you are not entitled to keep the commission overpayment. You are only entitled to what you agreed to work for and what they agreed to pay you.


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