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What to do if your job double pays you?

What are the reasons your job might accidentally pay you double?

It’s rare, but mistakes happen, and you could accidentally get double paid by your employer. Here are some potential reasons this could occur:

  • Payroll system glitch – The payroll software could have a bug that causes it to pay you twice.
  • Manual payroll error – If payroll is processed manually, a human error could lead to paying you twice.
  • Switching payroll systems – When transitioning between payroll systems, duplicated payments can accidentally happen.
  • Merger or acquisition – If your company merges with or acquires another, payroll issues may occur.
  • Cost of living increase – A COLA gets entered twice instead of once.
  • Bonus payment issue – A bonus you receive gets paid twice.

While you did nothing wrong in this situation, it is still crucial you take appropriate action if you notice being double paid.

Should you tell your employer if they overpay you?

Yes, you should notify your employer as soon as possible if you notice being double paid. Even though it was their mistake, legally, you are responsible for that money, and the company has the right to recover the funds.

It’s always the ethical choice to inform your employer of the error. Keeping the money could be considered theft, lead to legal action, or even cost you your job.

What is the process if your job overpays you?

If your employer accidentally pays you double, follow this process:

  1. Notify payroll – Inform the payroll department in writing about the overpayment error as soon as you notice it.
  2. Stop spending – Do not spend the extra funds in case you must pay your employer back.
  3. Review records – Request copies of payroll records to identify when the overpayment occurred and how much extra you received.
  4. Discuss repayment – Work with the company to determine a reasonable repayment timeframe and installments.
  5. Get repayment terms in writing – Have the company provide written terms for paying back the money to avoid future disputes.
  6. Repay – Return the overpaid money following the agreed upon repayment plan.
  7. Update records – Request an updated payroll ledger showing the error was corrected after repayment.

Following this process demonstrates honesty and responsibility on your part.

How quickly do you have to pay back an overpayment?

There are no laws dictating how fast you must repay an overpayment, but doing so promptly is wise. Many employers will request the funds back immediately or within 30 days.

The quicker you repay overpaid money, the less chance of legal action or impacts to your job status. Discuss a reasonable timeframe with your employer that works for both parties.

Getting overpayment terms in writing provides legal protection and prevents future disputes about repayment details.

What if you already spent the money?

Ideally, you should not spend money that you are overpaid. But if you already used the funds before noticing the mistake, be upfront with your employer about it.

See if you can work out a manageable installment repayment plan that allows you to pay back the money over time from future paychecks. Most companies will be willing to do this as long as you make reasonable efforts to return the money.

If paying back a large amount all at once would cause you financial hardship, discuss this openly with your employer. They may allow a prolonged repayment term or forgive part of the overpayment.

Can they deduct overpayment from your future pay?

In most cases, your employer can legally deduct overpaid wages from your future paychecks without your permission. However, there are limits to how much they can deduct.

The federal Consumer Credit Protection Act states employers cannot deduct more than 15% of gross pay to recover overpayments. Some state laws are even stricter.

For example, California wage laws limit payroll deductions to repay overpayments to 10% of gross wages. Check your state’s payroll deduction caps.

When can they take legal action over an overpayment?

If you spend the overpaid money and refuse to repay it, your employer may pursue legal action to recover the funds. They could file a lawsuit or turn your account over to collections.

You would then risk garnished wages, damaged credit, or even bankruptcy. In extreme cases, concealing overpayments then refusing to repay can lead to criminal fraud charges.

To avoid legal issues, be transparent about overpayments and make reasonable efforts to pay the money back promptly. Seek repayment terms in writing for added protection.

Can you keep the money if too much time passes?

No, there are no federal laws that allow you to keep overpaid wages if a certain time passes. Legally, the money is not yours, and your company can come after repayment no matter how long it takes them to notice.

Some state laws provide time limits on how long after an overpayment employers can sue to recover the money. This ranges from 1 to 6 years.

But there is no defined time limit for an employer to request overpayment reimbursement directly from you or deduct it from future paychecks. Ethically, you should repay overpayments whenever you discover them.

What if repaying causes financial hardship?

If having to repay a substantial overpayment all at once would cause you financial hardship, explain this to your employer and request manageable deductions from future pay.

Most companies want to handle overpayment issues reasonably without causing employees undue harm. Be honest about your situation and ability to repay.

If small deductions from multiple paychecks are not sufficient, discuss a postponed lump-sum repayment timeframe that allows you to save up the money. Get any modified repayment plan agreed to in writing.

In rare cases of extreme hardship, employers may forgive part of an overpayment. But you usually must demonstrate real financial distress.

Can they fire you for not returning an overpayment?

While rare, some employers may terminate employment if you intentionally keep substantial overpayments and refuse repayment. This could be considered misconduct or theft.

However, firing an employee solely over an accidental overpayment is risky for the company and opens them up to wrongful termination claims.

If you act ethically and make reasonable efforts to repay excess wages, your job should not be jeopardized. Get repayment terms in writing for added protection.

Discuss overpayment concerns with your employer openly. In most cases, you can resolve the issue without impacting your employment status.

Should you report overpayments on your taxes?

The IRS requires you to report all income on your tax return, even if it was paid in error. Otherwise, it appears you underreported your earnings.

When documenting overpayments on tax returns, you also should report the repayment to your employer. This shows the double income was temporary and repaid.

Doing this prevents the overpayment from falsely inflating your reported income and taxes for the year. Be sure to keep documentation about overpayments and repayments for your records.

Some final tips:

– Act quickly upon discovering overpayments.

– Be transparent with your employer and agree to reasonable repayment terms.

– Get repayment details in writing to protect yourself legally.

– Avoid spending money you are overpaid until the issue is resolved.

– Ask for regular updates to ensure the overpayment is fully corrected.

With the right approach, overpayment issues can usually be resolved smoothly and fairly.

Conclusion

While accidentally getting overpaid may seem like a good thing at first, it’s crucial to address the issue promptly and ethically. Legally, that money is not yours to keep. Notify your employer right away and agree to reasonable repayment terms. Be transparent throughout the process, get everything in writing, and take proactive steps to repay the money properly. With the right approach, you can correct overpayment problems smoothly and maintain a good relationship with your employer.