Who: Florida Lee County W-2 employee. Personal trainer 50% commission. What: knowingly submitted double hours into payroll When: found out a few days ago and has happened over last five months. How: how can I get repayment? Can I take the amount owed from his final check? He quit and is due his last pay check.
In Florida, an employer typically has the right to repayment of overpayment in wages. It is typically handled through deductions from future checks, including the last payroll check when employment terminates. Will the funds of his last check be adequate? I typically confront employees in these situations and obtain a release of claims against the employer as well as repayment. I also like to obtain a written acknowledgment of the extra deductions when possible.
Your question suggests that the employee knowingly submitted double hours (this is a form of embezzlement). You may want to consider filing a police report if you believe that it truly is embezzlement, or at least demanding full repayment and a release of all claims he may have against the company from the employee in exchange for an agreement not to pursue criminal action.
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