What constitutes as proof that a company has overpaid wages?

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What constitutes as proof that a company has overpaid wages?

This company has provided what they call proof of over-payment of wages but the documents seem fabricated. The earnings statements seemed fake and the taxes on the gross amount looked inflated. Inflating the taxes would give them a higher amount that they think is owed. I did a tax calculator and the taxes were way off.

Asked on September 21, 2011 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Proof would things like an earnings statement, but also and probably more importantly either cancelled checks or evidence of direct deposit--i.e. evidence that the money was actually paid to the employee. Assuming the company can prove the money actually received by the employee, then proving overpayment (or that there was no overpayment) should be straightfoward: after adjusting for FICA, withholding, any benefits paid from wages (e.g. health, 401k, etc.), simply compare the amount received to what the employee's wages or salaries should have been. The help of an accountant or bookkeeper may be necessary, if the numbers are complex or no one is comfortable with them, but there is no reason why the company or the employee should not be able to show exactly what he or she did receive, and therefore how much he or she was paid.


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