QUESTION

What is the best way to recover previous double pay from an employee that quit? We still have to give him his last/final pay check.

Asked on Sep 02nd, 2013 on Labor and Employment - Florida
More details to this question:
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.
Report Abuse

1 ANSWER

Business & Commercial Law Attorney serving Tampa, FL
2 Awards
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. 
Answered on Sep 03rd, 2013 at 6:36 PM

The answer provided is based upon limited information and, as a result, may not be correct or complete. It is not legal advice on which you can rely.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters