Dispute with employer over new payroll system, employer claims i have been overpaid employee's rights in CA
I am the employee of a school district. Ever since the inception of a new payroll system, my pay and assignment has been wrong.
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Also, for a whole school year, time was not reported for me even though I was reporting for work. I did receive pay but as stated before it was not correct. Attorney answers (3)
It's clear at this point that you have a major dispute in the brew with your employer. If you have been receiving far more compensation than you should have, did you reveal this fact to your employer. It may be a very old addage ...but it still applies ..."two wrongs do make a right". You did not state if you are a teacher in the school district. If you are ...in most states across this country teachers are employed for the school term ...and annually they receive a contract for the next school term. If that's the case with respect to your employment then it should be easy to calculate what you actually received and compare that figure to your contract. If you were in some type of support position and regularly worked overtime for which you have not been correctly paid - did you punch a time clock or record your hours on a daily/weekly timesheet. Did you retain copies of your timesheets? Have you requested a copy of your personnel file and payroll records? In the end ...if you are in the wrong and if you received 50k more than you should have ...your employer will likely want to separate you from its employ. Seek local counsel. In most states if an inadvertent overpayment occurs the accepted practice for repayment is to set up a repayment schedule that is consistent with the amount of weekly overpayment you received. From the employers' perspective ...while they may wish to separate you ...they also want to be reimbursed. An unemployed person is not going to be in a position to do that. This could result in actually providing you with a modicum of job security ...at least during the repayment period. If nothing else ...it may serve as a "buy time" ...translation: it could buy you time to policy your resume and seek alternative employment. Good luck and best regards, Rob Fortgang
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You need an attorney to help you immediately. I would also insist that you seek medical care. I think with an attorney helping you and medical help with your condition, you will get a resolution you can live with. I am confident things will be okay overall.
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Because this matter is so important you should really get a lawyer.
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