Is there a statute of limitations on a previous employer requesting payback on over payment in wages?

Anonymous

December 8,2022 at 1:49AM UTC

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Is there a statute of limitations on a previous employer requesting payback on over payment in wages?

A recruiter reached out to me on a position with a previous employer I worked for over 8 years ago. The recruiter requested my previous employee ID number which I did not recall. In reaching out to this employer to obtain, they had emailed me the information and stated they could not bring me back on board "if" I was selected for the position until I paid back an overpayment in wages from 2015. I was not aware there was an overpayment and to please send me proof.

I received an email with information that was typed in the email, no actual proof. The information is not consistent and reflects dates from 2014 not 2015 with a gross of over $500 but not specifically stating what the overage amount is.

I emailed and called this individual several times to obtain an explanation of what I received and to inquire why my future paychecks had not been adjusted if an overpayment had occurred. This individual never replied or called me back.

I called to speak with the payroll; I spoke with another person, and I stated the information does not reflect the amount of overpayment and information was not clear or missing and I inquired on what did I owe? This individual said it was over $700. Already another conflict on overage amount.

I reached out to the recruiter for there was conflicting information received via email and over the phone. They reached out to their contact to call me. However, the call came in from another country not the U.S. I did not answer the call, but they sent me an email.

The email reflects a screen shot of an excel spreadsheet of supposedly pay breakdown and now it reflects an overpayment of $1300.

Part of me believes this is a scam and has me concerned. However, they provided my previous employee ID number so a part of me believes they outsource payroll to another country.

I kept a detailed log of hours worked and pay earned while employed; I cannot gather that information for I do not have access to my files since no longer employed with the entity. I was not able to email outside the company to myself for security reasons, so I have nothing to compare it to.

They still have not provided enough proof to warrant me truly owing any overpayment. If I was overpaid in 2014, why was it not brought to my attention at that time and my paychecks adjusted accordingly to payback anything owed while I was still employed with them.

My contact information has not changed but they never called, emailed or wrote me regarding this matter for 8 years until now in trying to obtain re-employment with them.

Do I need to hire an employment lawyer? Feedback is appreciated. Thank you.

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AnonymousDecember 8,2022 at 3:20AM UTC
sounds like a scam. Just ignore it.
AnonymousDecember 8,2022 at 4:47AM UTC
Why would you want to work for a company that is this sketchy? They should have investigated this and did the adjustment a long time ago if it was valid.
AnonymousDecember 8,2022 at 9:46PM UTC
The company is a well-known financial institution and I worked there for 5 years before being laid off in 2015. The recruiter reached out to them, they called me, but it was a number from India, and I did not answer thinking it could be a scam. However, the recruiter gave them my email address and some of the 7 individuals on the email chain do have the companies email address. I am reaching out the United States local HR Department hoping I can get a direct answer.
AnonymousDecember 9,2022 at 12:16AM UTC
Wow. I hope this gets cleared up right away for you. Crazy times we are living in.
AnonymousDecember 10,2022 at 7:28PM UTC
FYI it doesn’t matter that the email addresses appeared to be from the company. Much like with scam phone calls, where the phone # shown on caller ID is not the real #, email addresses can be spoofed. These articles provide helpful information to check if this is the case, though still not a guarantee as these scammers get more sophisticated every day.
https://cybernews.com/secure-email-providers/email-spoofing/
https://www.cmu.edu/iso/news/2020/email-spoofing.html
AnonymousDecember 8,2022 at 11:58AM UTC
It definitely sounds like a scam.
When you called to speak with payroll, did you call a number provided in the email? Or did you look up the company phone numbers again on their website (that you googled yourself rather than follow a link in an email)?
If you called numbers provided in any way from their email (including if you clicked a link to the website from email) then these are not reliable. Regardless, I would highly recommend doing an internet search for scams involving this company and scams involving the recruiting service.
Also check the Better Business Bureau (if this is a US company).
These are all good places to start.
AnonymousDecember 8,2022 at 12:58PM UTC
You don't need to hire a lawyer unless the company hires a lawyer for this situation. I left a company that had overpaid me and there was nothing they could do about it unless they wanted to get lawyers involved. It would cost them more in legal fees to come after the overpayment than the overpayment itself. Just ignore it!
AnonymousDecember 8,2022 at 9:42PM UTC
It just seems odd that they did not handle this while I was employed with them until 5/2015. They did make a payroll mistake in 2013 and I caught it. I provided them proof of their mistake and they paid me what they shorted me at that time. However, the different amounts I have received has me concerned regarding this matter. If they have made another mistake not only with my payroll but any other present or past employee.
AnonymousDecember 8,2022 at 2:48PM UTC
My instincts are screaming this is a scam.
There are a couple of things you can do to double check though, call your former employer and ask to speak to payroll or HR. The other thing would be to check with your state employment office, assuming you live in the US, to see what the statute of limitations and documentation requirements are for employers to ask for payback of overages on wages. (it varies state to state)
Has the recruiter asked you to 'pay the money' to them? If so, scam.
AnonymousDecember 8,2022 at 9:39PM UTC
Thank you for your feedback. I will look into doing both. I am located in the U.S. and so is the employer. The recruiter did not ask for me to pay it back, but I have noticed in communication there are 7 people on the email chain, and some are from outside the U.S.
tiffany birchDecember 8,2022 at 9:51PM UTC
Yikes sound like a scam. You need legal proof.
AnonymousDecember 9,2022 at 12:50AM UTC
Sounds like a scam.
GirlBossanova934974December 9,2022 at 1:47PM UTC
Call your State Employment office today OR you can also reach out to your State Attorney General's office. The State Attorney General offices all have websites for consumer complaints such as yours. You can register your complaint. They will no doubt pass this on to the State Employment office and you WILL have an answer in 30 days. Make sure you can upload all your paperwork.
AnonymousDecember 9,2022 at 3:47PM UTC
It sounds like they are fishing for your personal information. Whatever you do, DO NOT give out any banking information (direct deposit, for example), If you had direct deposit before, they already have this information. If this persists, contact your state's attorney general's office, as this is a sad attempt to take advantage of someone desperate.
KatDecember 9,2022 at 4:01PM UTC
This sounds like a major scam. Why did they need your employee ID from your old company? The old company would still have your records. That and the continually escalating amounts and lack of real documentation are red flags. I wouldn't be surprised if the "recruiter" was in on it. If any money was overpaid to you, the company would have deducted it from your last check or sent you a notice when you left that there was money owed. Don't pay out any money to them. At this point, you need to protect yourself! They have your employee ID from your old company now, so you could be open to identity theft. If your current bank account was used for direct deposit from your old company, watch your account activity very carefully. Put a freeze on your credit so that any new accounts can't be opened in your name. You can do this on the major credit websites like Equifax and TransUnion. You might also be able to do it through your bank and/or credit card companies. If you can sign up for free credit monitoring, do so. Also contact your state Better Business Bureau and other state agencies as suggested to report this company, recruiter and scam so others don't get caught up in it.
Crystal HowellDecember 9,2022 at 7:39PM UTC
Definitely get an auditor involved, and get a free employment lawyer consultation. Do not repay anything.
Let us know what happens. Good Luck!
Deborah hamiltonDecember 10,2022 at 1:29PM UTC
This is a scam
Dcre1977December 10,2022 at 1:54PM UTC
I would call the company directly and report to them someone is using them as part of a scam.
If it is not a scam, would you want to work for a company that could not keep their payroll accurate?
Kelly O'ShielesDecember 10,2022 at 2:07PM UTC
It depends on your state laws, so talk to someome in your state about it, but typically you can only go back at most 4 or 5 years. Talk to your state employment office. Go in if you have the time and take your computer. Likely, they are far beyond any time they had to collect this overpayment, even if they could rightfully do so, which seems doubtful.
Felicia TankDecember 10,2022 at 2:12PM UTC
For each pay period, you would have been given a paycheck that breaks down how much income you received, the state, and federal taxes, and deductions for any benefits. I always keep these along with income tax statements.
It's really concerning that the amount keeps changing, they can't provide more details and there's no proof of them contacting you over time. I would connect with HR at the company directly. (HR Professional here).
Paula Manczuk-HannayDecember 10,2022 at 2:20PM UTC
This sounds like a scam. Stop engaging with them.
AnonymousDecember 10,2022 at 2:27PM UTC
This sounds fishy I would not engage anymore if they had overpaid you at some pint I am sure they’re oils have noticed then not years later I wouldn’t deal with them anymore and forget the recruiter find another
Cynthia KendallDecember 10,2022 at 2:35PM UTC
Do you still have your pay stubs from that time frame? If so, the hours you worked and the rate of pay will be reflected and you can then dispute with proff of your own.
customer JohnsonDecember 10,2022 at 2:38PM UTC
Call the State Attorney General of the state in which you were working. ASAP and report this entire incident. There are statutes of limitation on wage overpayments that vary by state: https://bizfluent.com/info-8666184-long-employer-correct-payroll-wrong.html
Do you know this recruiter? I’m guessing someone hacked into old unprotected HR data and once they hooked you they’re pushing for more and more.. State Attorney General — stat!
AnonymousDecember 10,2022 at 2:50PM UTC
This is a scam. Report it!
AnonymousDecember 10,2022 at 2:52PM UTC
Why would you seriously consider going back to them anyway? Don't worry about it unless they try to sue you for it, and write them off as a potential future employer. Also, don't use them as a reference!
AnonymousDecember 10,2022 at 3:08PM UTC
Report incident & recruiter/recruitment company to your States Attorney General. Not within scope of the recruiters role
Stephanie F, MSHRMDecember 10,2022 at 3:24PM UTC
Typically, a detailed process is followed by Payroll for notifying a former employee of an overpayment. They send an email and certified mail. They send your debt to collections if it is not repaid after a certain point. However, this should happen but maybe 1 to 2 pay periods after your departure, not 8 years. Separately, this definitely sounds like a scam. An external recruiter would not be the one disseminating this information.
AnonymousDecember 10,2022 at 3:30PM UTC
There have been many cyber hacks in recent years and it is likely that your previous employee ID was exposed in one of those. This sounds very much like a scam. Please report to company.
Shanna WilliamsDecember 10,2022 at 3:39PM UTC
Some unknown recruiter reached out to you. You provided personal information. You now can have a job if you pay back some money that they say you owe. SCAM! RUN!
QDecember 10,2022 at 3:43PM UTC
I agree with the advice you've already been given. This stinks of a scam. Cut out the middle man and send a certified letter to your previous employer. Explain the situation and ask them to reach out to you. In writing is better than on the phone. They may or may not be aware a breach of employee data even happened. Definitely stop giving information to the recruiter or anyone who isn't a verified direct representative of the employer. It's highly unlikely that you owe anything.
AnonymousDecember 10,2022 at 5:05PM UTC
Another vote for this entire thing is a scam. Depending on what personal information you gave the supposed "recruiter," you may want to file a police report.
AnonymousDecember 10,2022 at 5:24PM UTC
Yes. I would advise it. These details should be in your employee handbook or offer letter from the company. If it is not stated in those two documents, then they have no case against you and have no right to penalize you for their mistake.
Michelle S.December 10,2022 at 6:19PM UTC
It’s a scam!!!!
IntentionGirl299847December 10,2022 at 6:36PM UTC
Scam to frighten you. If you had been overpaid your employer within that pay week would have contacted you, not waited 8 years. The whole thing was a setup to get your money. Viet Nam keeps calling me, sorry not interested in answering lol!
AnonymousDecember 10,2022 at 6:53PM UTC
oof. This is probably a scam. Lock down your credit, change all your passwords, and put two-step verification on everything you can (if you haven’t already). Report these assh*les to your state’s attorney general, and probably the police as well, and monitor everything for suspicious activity.
I would also call and/or send a certified letter to your previous employer and let them know this is happening - they might not know the system they’re using has been breached!
RiaDecember 10,2022 at 10:34PM UTC
All states have a statute of limitations regarding how far back an employer can seek to recoup an overpayment of wages. In some states the employer is required to seek the employee's consent before seeking reimbursement. The employer must provide any required documentation. In some places, like Washington, you’ll need to not only notify the employee but also provide documentation of the overpayment and terms of the adjustment. Based on what you've stated not only is the documentation not substantive but I also suspect this is a scam.
Lyn WelchDecember 10,2022 at 11:11PM UTC
Tell the "Recruiter" you're not interested in the job, and to please not call you again. Block their number. If your former employer truly overpaid you, it's their problem. This is just a variation of the "gift card" scam. Your former employer's payroll records fell into the hands of a scam outfit, and they've probably got your SSN too. To protect yourself, you might consider an information protection service like Lifelock.
Joanna PoeDecember 11,2022 at 3:48AM UTC
This is a scam. Please check directly on the former employer's website to see if there even IS a job opening. If you feel comfortable reaching out to them directly, inform them that this is going on and that some of their information may have been compromised.
Laura BairDecember 11,2022 at 10:36AM UTC
It definitely sounds like a scam. Do you know anyone else at the company? A former colleague or manager? If so, reach out to them to 1) question the situation, and/or 2) inform them of the scam. Just don't respond back to the scammers. They will eventually quit trying to contact you.
AnonymousDecember 11,2022 at 2:11PM UTC
If it comes down to it can you provide your tax information for that year? Those records should have the then-recorded wages earned.
That being said, if the recruiter reached out to you without you applying to any position within the company, it is a scam, especially with the call originating from outside the US. I would do the following (from my days working for an employment attorney):
-Print off any communication, including call logs.
-Write an affidavit of the events (your initial post will do nicely), but with time stamps of each event.
-Report the incident to the county sheriff's office for both the county your former employer is in as well as the sheriff's office and follow up on any info and advice they give you.
-Also report the situation to the Attorney General for your state as well as the Better Business Bureau.
-If your former company has any sort of HR or corporate office, call there to report the situation and inquire after next steps through them. Do not continue to attempt contact through the "recruiter".
Liz MilneDecember 11,2022 at 11:52PM UTC
This all sounds like a massive scam to me.
I would test it out by saying you're very alarmed by how *they* don't seem to have the correct facts in front of them, so as a precaution, you're going to consult the fraud unit at your local police dept and an employment lawyer, 'just to keep things on track for your own peace of mind' - if it's a scam, they will panic and either threaten you with 'just pay now or else' (and they'll use language that will make it clearer that this is a scam when they do) or they'll 'suddenly' realise 'oh, so sorry, it' was a misunderstanding, you're all good, but, so sad, there's no job after all, bye!'
But it's definitely fishy: there's legal processes for reclaiming overpayments, and what you've detailed is not it... Most valid companies would have written overpayments off after 7 years anyway - and why the heck are they doing this through a recruiter? Fishy, fishy, fishy!
AnonymousDecember 12,2022 at 5:58AM UTC
This is definitely a scam, it would not take an employer 8 years to discover you were overpaid! Instead of calling the phone number within the email, you would be better off looking the contact information up online and contact someone in Human Resources. I would not hire an attorney unless you find out this is a legitimate claim. It sounds bogus! Good luck!
AnonymousDecember 15,2022 at 4:25AM UTC
if they were from india, this is definitely a scam.
Joan Williams, Senior Talent Acquisition SpecialistDecember 19,2022 at 9:23PM UTC
Make sure you don't send them your SS number.
It sounds fishy to me.
I don't see why you'd consider going back to work for this company so I don't see why you'd need an attorney.