My boss says he over payed and wants me to send him money. What do I do?

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My boss says he over payed and wants me to send him money. What do I do?

I was let go from my job in November, I was paid a salary plus commission. In January
my boss sent me a letter saying he overpaid me and I need to send him money, and it
included an excel showing how much I owed. Our contract never included a clause
regarding over payment, and the excel he provided showed an amount much larger than my
final paystub or w2 form. I have records of everything and I wondering what I should
do.

Asked on March 9, 2017 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you were truly paid more than you should have--i.e. larger salary then were getting, or a higher or larger commisison than you earned based on the commission plan in place--you have to repay the excess; the law is clear that an error (such as overpaying someone by mistake) does not entitle someone to keep money they are not otherwise entitled to. 
But that is only if you truly were overpaid. Double check what you were paid vs. what you should have been paid, given your salary and commission structure. If paid too much, arrange to repay the surplus; otherwise responding in writing, sent some way you can prove delivery, explaining and documenting that you were paid the correct sum.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you were truly paid more than you should have--i.e. larger salary then were getting, or a higher or larger commisison than you earned based on the commission plan in place--you have to repay the excess; the law is clear that an error (such as overpaying someone by mistake) does not entitle someone to keep money they are not otherwise entitled to. 
But that is only if you truly were overpaid. Double check what you were paid vs. what you should have been paid, given your salary and commission structure. If paid too much, arrange to repay the surplus; otherwise responding in writing, sent some way you can prove delivery, explaining and documenting that you were paid the correct sum.


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