In fact, in many cases, an overpayment of wages can occur in calculating the employee's final salary. Issuing Final Payments to . The bottom line is: Before attempting to recoup any overpayments through wage deductions, an employer must carefully review the relevant employment standards legislation and abide by the rules of that jurisdiction pertaining to overpayments. This means that the following deductions, as applicable, have been reflected: withholding tax, OASI and Medicare taxes, retirement, health insurance, and voluntary miscellaneous deductions. Funds. When is an overpayment letter sample used? Streamline recruiting and hiring so you can quickly and effectively fill open positions, develop top talent, and retain your workforce. The signNow extension offers you a selection of features (merging PDFs, adding numerous signers, etc.) Additionally, you can also appreciate the employee for being so honest. Get real-time analytics to HR & Payroll data. It is always good practice to start by attempting to negotiate terms of repayment directly with the employee or former employee. Brian Johnston, Q.C., is a partner with Stewart McKelvey in Halifax. Subscribe to the Canadian HR Newswire to get the must-read news & insights in your inbox. When this happens, the employer of HR of the company writes the payroll recovery letter to the employee. However, it is usually good practice for an employer to first consult with an employee before making wage deductions for an overpayment, and for an agreement to be reached as to how repayment will take place, not least to avoid any potential conflict and to preserve the working relationship between the parties. Join us at our exclusive partner conference. Notify the employee of the fact that an overpayment has been made, providing them with an explanation as to how this has arisen, together with a breakdown, including the dates and amounts. We've built up a stockpile of tips, tricks, and templates that can help your HR department. There are three variants; a typed, drawn or uploaded signature. ( Please accept cash/personal check for the overpayment. But its a serious challenge that plagues small and medium-sized businesses alike. We assure you that you will not have to contend with this kind of situation again. The easiest way to do this is by withholding more pay in the next pay period. If you want to share the sample letter to offset overpayment with other parties, it is possible to send it by electronic mail. Install the signNow application on your iOS device. Once youve finished signing your sample letter to offset overpayment, choose what you want to do after that download it or share the doc with other people. Giving your employee an explanation as soon as the error occurs will clear up any confusion. Overpayments Background When a state employee (an officer or employee of a state agency) has received an excess payment of compensation, repayment may be necessary. This letter is written to let the employee know that the company has paid him extra money by mistake and the company will recover it from the employee. The Cincinnati Bengals and Paycor announce stadium naming rights partnership, further strengthening their shared vision and commitment to the Cincinnati community. Related Content: Employee reimbursement template. Contact us today so we can learn more about your business. Mitigate risk with proactive payroll and tax alerts. Download our free Complete Guide to Payroll Solutions and determine if outsourcing is right for you. Integrated time and attendance tracking, PTO request and accrual management, scheduling and reporting. If you have not provided written confirmation of the overpayment, the employee is likely to request a full breakdown of what is owed, including dates and amounts. Submits a written letter of resignation to the employee's direct supervisor; . You also have the option to opt-out of these cookies. Pay and wages. This would involve issuing a civil claim for recovery of the overpayment as a debt. Search for the document you need to electronically sign on your device and upload it. Where no agreement or policy is in place, the employer may attempt to negotiate for repayment or unilaterally deduct from monies otherwise payable and risk a complaint or lawsuit or sue (which is likely not productive). See whats new today. Keep in mind, the statute of limitations on underpayment is two years or three in the event that the underpayment was deliberate. Copyright 2023 KM Business Information Canada Ltd. Workers vocational rehabilitation plan, halt of job search benefits reasonable: court, Ontario court, arbitrator agree on workers firing for theft, dishonesty, Worker claims unpaid wages but 'employer' was a fraudster, Largest-ever unjust firing award of $2 million given out in New Brunswick, Hundreds of employee records offered for sale on 'dark web'. This complication may soon become an issue of the past. An overpayment notice is a short letter or form you send to an employee. Thats why our solution is recognized as the easiest and most powerful solution for medium and small businesses. Claim hiring tax credits and optimize shift coverage. Though the best solution is to avoid payroll errors altogether , you should still have a plan in place for what you will do when errors occasionally occur. I agree to allow my wages to be garnished for $XXXX.XX per paycheck until the entire amount has been repaid. Written authorization is required in all jurisdictions (either by statute or common law) except for Newfoundland and Labrador and Saskatchewan. Seeing is believing. In the event I leave employment with this agency, I authorize the overpayment balance to be deducted from my final payroll payment or terminal leave cashout. In these situations, the overpayment is not included on the employees T4 slip, as there are no income tax implications for the employee. More specific rules pertaining to deduction vary from province to province. As an active University employee, you may choose to repay this amount through salary reductions over no more than six months. This will hopefully reduce the changes of resentment. Leverage AI to automate sourcing and increase candidate diversity. One of the best things you can do to help prevent overpaying employees is to total hours at the end of each pay period and review them for accuracy. Control costs and mitigate risk with accurate timekeeping. Speed up your businesss document workflow by creating the professional online forms and legally-binding electronic signatures. If the employee fails to respond or refuses to pay, the employer can choose to take legal action to recover the debt. In Saskatchewan, the employer may deduct an overpayment without written authorization, but only if the correction is made in the next pay period. Review, reimburse, and report on employee expenses in one location. h=b CJ h B*CJ ph h=: h 5B*CJ \ph hV6 h 5B*CJ ph
h 5CJ Manage all employee tasks and documents in one place. Eliminate large down payments and end-of-year surprises. This letter is being written to inform you that we have seen overpayment in your payroll. This happens in the case of those employees who are paid on an hourly basis and their hourly rate of work is not calculated correctly. Further, even though employees will nearly always query an underpayment, they may not necessarily raise concerns over any overpayment, especially small ones. What are your options as an employer if there has been an overpayment of wages? Obviously, you'll want to begin this process as soon as you determine that an employee has been overpaid. Where an individual has left the company, it will be important to assess the merit of the case and evidence to support recovery, while ensuring communications are clear and effective to bring the matter to a satisfactory conclusion. Be forthright as to the reasoning. See how were taking the right STEP toward inclusion and belonging. One of the most important items to get right is the last paycheck. HR solutions purpose-built to help leaders create great places to work. If the employee refuses to provide written authorization for payroll deductions in a province where authorization is required, the employers only remedy would be to bring a claim against the employee. Compliance. To help, heres a templated email we created to make your life easier. There are three variants; a typed, drawn or uploaded signature. As such, having identified an overpayment post-termination, the employer will need to request repayment from the employee. It is good practice to have an employees written permission prior to making deductions in any case. (1) for a much better signing experience. Gather and convert employee feedback into real insights. Attract top talent, develop employees, and make better decisions with actionable data. The company has its policy to deal with this situation. , Let us help. (Keep in mind state regulations can differ.) Necessary cookies are absolutely essential for the website to function properly. Thank you for your patience and understanding. Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, London Cambridge Aberdeen Manchester Birmingham, Branding, Digital & Website by Rokman Laing, This website uses cookies to improve your experience. Using a template to create an employee overpayment letter makes this an easy fix. In the event that the employee refuses to repay the sum owed, it is open to the employer to take legal action against them. We appreciate your honesty. The employee promised to repay the overpayment and did not; . You might not receive the notice on time or your staff may not be used to handling garnishments and the employee may owe arrears. This website uses cookies to improve your experience while you navigate through the website. It is also important to recognize that the amount of the repayment must be determined, as tax consequences mean the amount may vary depending on the timing of events. Subject: Apology for overpayment Dear ____________ (Employee name), This letter is in reference to the recent payment that we have made to your account for your _________ (salary/ reimbursement/ travel charges/ any other). What is an overpayment letter to an employee? If a payroll error led to an overpayment to an employee, what are the best ways to recover the overpayment? You should initiate a recovery of overpaid wages as soon as you discover the mistake. In fact, in many cases, an overpayment of wages can occur in calculating the employees final salary. I have been notified of an overpayment in the net amount of $XXXX.XX from Company Name. This will set out the process you will need to follow, including whether you can deduct payment in full from one single pay packet, or whether provision must be made for repayment in instalments. We spent more than 20 years perfecting the payroll process. With more crackdown and higher penalties, businesses need to be more prepared than ever before. Use our signature solution and forget about the old days with efficiency, security and affordability. If you want the employee to pay you back, specify this in the letter. Miscommunication between HR and payroll systems, record-keeping mistakes, or a single missed deadline can result in overpayments, underpayments, or incorrect payroll deductions. PHA+Q2hlY2sgeW91ciBpbmJveCBmb3IgYW4gZW1haWwgY29uZmlybWluZyB5b3VyIHN1YnNjcmlwdGlvbi4gRW5qb3khPC9wPg==. This should be done informally at first, albeit in writing. Due to this, many employees have been underpaid and some of them have been overpaid. Start strong with personal service that will grow with you as you scale your business. You might not receive the notice on time or your staff may not be used to handling garnishments and the employee may owe arrears. Where the individual is still employed, the aim will be to maintain positive relationships without causing financial hardship or distress. You a selection of features ( merging PDFs, adding numerous signers,.! Up your businesss document workflow by creating the professional online forms and legally-binding signatures! To inform you that we have seen overpayment in the event that the underpayment was deliberate need to electronically on! And commitment to the Cincinnati community the individual is still employed, the aim be. Where the individual is still employed, the employer will need to request from... Document you need to request repayment from the employee fails to respond or refuses to pay, the can! 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