Gov’t saying I was overpaid and they want $$ back

[Anonymous]

Anonymous wrote:Total pay is all over all kinds of documents that you get in federal employment - leave and earnings statements, benefits statements, SF-50s, etc. Did you really not know that you were being paid the wrong salary, or did you just think they wouldn't notice?

PP here - my SF 50 was updated correctly but the deposits were still wrong. It does show my disorganization but I assumed the amount I was being paid aligned with my SF 50.

[Anonymous]

Anonymous wrote:Not at a federal but a private sector job.
They paid for something an employee received (think along the lines of education) which he was supposed to pay back if he left the job before a certain date. He even signed a paper to that effect.
Well lo and behold he left immediately after the service was provided, and they went after him. He started writing them letters, asking for detailed invoices, sending links to laws saying it wasn’t lawful to request the refund, asking for discounts due to his performance reviews and the value he brought to the company etc.
At some point they just stopped responding. It’s been a couple years now and his credit isn’t affected. He was prepared to fight it in small claims court if they ever turned it over to collection.
The amount was around $12k.

I think the strategy of sending them letters and wearing them out can work. Ask them whose mistake it was; who was responsible for the oversight of the employment/hr records etc etc.
I think it will look bad if they turn it over to collection. Then you go to small claims court and it will be too costly and bad for their reputation to fight it.

This is risky advice with a private employer; it's downright insane with respect to the federal government.

Also, small claims court? The US government? Please stop giving legal advice.

[Anonymous]

The way I see it, and I'm not a lawyer, it was their mistake, not yours.

Contact your Congressman. Explain to his/her staff what happened. Let them negotiate on your behalf.

Years ago, the IRS tried to squeeze us for "unpaid" taxes. Yeah, sure, right. Their letter was very official and aggressive, and they wanted us to cough up taxes on undeclared income. We contacted our wonderful Congressman, and his office contacted the IRS on our behalf. A few weeks later we received a letter from the IRS stating that we didn't owe taxes.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Not at a federal but a private sector job.
They paid for something an employee received (think along the lines of education) which he was supposed to pay back if he left the job before a certain date. He even signed a paper to that effect.
Well lo and behold he left immediately after the service was provided, and they went after him. He started writing them letters, asking for detailed invoices, sending links to laws saying it wasn’t lawful to request the refund, asking for discounts due to his performance reviews and the value he brought to the company etc.
At some point they just stopped responding. It’s been a couple years now and his credit isn’t affected. He was prepared to fight it in small claims court if they ever turned it over to collection.
The amount was around $12k.

I think the strategy of sending them letters and wearing them out can work. Ask them whose mistake it was; who was responsible for the oversight of the employment/hr records etc etc.
I think it will look bad if they turn it over to collection. Then you go to small claims court and it will be too costly and bad for their reputation to fight it.

This is risky advice with a private employer; it's downright insane with respect to the federal government.

Also, small claims court? The US government? Please stop giving legal advice.

LOL. You can tell that PP has never spent a day in Fed Govt. But it was entertaining to read.

[Anonymous]

Anonymous wrote:The way I see it, and I'm not a lawyer, it was their mistake, not yours.

Contact your Congressman. Explain to his/her staff what happened. Let them negotiate on your behalf.

Years ago, the IRS tried to squeeze us for "unpaid" taxes. Yeah, sure, right. Their letter was very official and aggressive, and they wanted us to cough up taxes on undeclared income. We contacted our wonderful Congressman, and his office contacted the IRS on our behalf. A few weeks later we received a letter from the IRS stating that we didn't owe taxes.

this happens all the time. Agencies have appeal policies in place. Not going through them won't work

[Anonymous]

I had something similar happen (though not that much money- yikes). You should be able to dispute it- I submitted a letter with evidence the amount owed was wrong. I did eventually have to pay a certain (lower) amount, but it took them 2 years to review the case. So I would say appeal, and in the meantime save up the money to pay. And as others have mentionned, they will usually allow payment plan.

[Anonymous]

Anonymous wrote:The way I see it, and I'm not a lawyer, it was their mistake, not yours.

Contact your Congressman. Explain to his/her staff what happened. Let them negotiate on your behalf.

Years ago, the IRS tried to squeeze us for "unpaid" taxes. Yeah, sure, right. Their letter was very official and aggressive, and they wanted us to cough up taxes on undeclared income. We contacted our wonderful Congressman, and his office contacted the IRS on our behalf. A few weeks later we received a letter from the IRS stating that we didn't owe taxes.

Do not do this.

[Anonymous]

I had this happen with a private employer. It was a few years ago, but I remember that it was in my financial interest to pay the money back in a lump sum rather than the payment plan.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The way I see it, and I'm not a lawyer, it was their mistake, not yours.

Contact your Congressman. Explain to his/her staff what happened. Let them negotiate on your behalf.

Years ago, the IRS tried to squeeze us for "unpaid" taxes. Yeah, sure, right. Their letter was very official and aggressive, and they wanted us to cough up taxes on undeclared income. We contacted our wonderful Congressman, and his office contacted the IRS on our behalf. A few weeks later we received a letter from the IRS stating that we didn't owe taxes.

Do not do this.

Why not?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Their fault, not yours, don’t pay

That's not how it works. She/he will have to pay in the end.

+1

Make a payment plan if you have to, OP - government can attach fees and garner any future wages.

[Anonymous]

I was overpaid by a total of about $1,500 over the course of a year when I was in the Army. It started from the very beginning of my mobilization and it was either the BAH or BAS number of one of those "other" types of pay. I researched the law which was basically what another posted said (known or should have known about the overpayment) and submitted an appeal. The findings of the hearing officer explicitly stated they found it credible that I did not know nor should I have known but said they were going to collect from me anyways because they believed I was actually overpaid. I was young enough that I didn't know to push back on that and who knows I might have lost if I'd kept pushing but they ended up taking the money back. All of that is to say you've got an uphill battle ahead of you.

[Anonymous]

$16k? You knew you were getting paid extra. Happy you got caught!

[Anonymous]

I work in Federal HR and review waiver of over payment claims. Agency administrative error is not grounds for a waiver. Employees are deemed responsible for checking their pay stubs and catching any mistakes, so collection would have to be against equity and good conscience. It's a difficult bar to pass.

[Anonymous]

Anonymous wrote:Total pay is all over all kinds of documents that you get in federal employment - leave and earnings statements, benefits statements, SF-50s, etc. Did you really not know that you were being paid the wrong salary, or did you just think they wouldn't notice?

This. And, when you are asking for an equitable remedy, it is tough to get when your hands aren't clean. If you missed it over a few paychecks, no big deal. But $16k over a period of time where you probably got a W-2, well it's hard to believe you didn't notice.

[Anonymous]

Anonymous wrote:$16k? You knew you were getting paid extra. Happy you got caught!

$16k over 3 years. That's like 5 grand a year. That's about $200 gross per pay check. I'd never notice that.