They Didn't Noticed?
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- čas přidán 1. 07. 2024
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It’s the employers mistake. If she did not commit fraud to get it they should eat it and do a better job with payroll. If they insisted on it I would just go find another job and not worry about it.
Just because the employer made a mistake does not mean the employee can benefit from it and not have to pay it back. If she quits, the employer will most definitely sue her.
@@tomoore1776if the employer underpaid the employee than it would be the employers mistake and they would be legally liable, infact, underpaying is actually a crime in an of itself.
If a costumer pays for something and doesn't receive it than the costumer doesn't eat that cost, again the mistake is the crime.
No, the employee is not responsible for the employer not making sure their payroll is in order. Which is a crime if they screw up and underpay. No, the legal liability doesn't change hands because the person who would be the victim benefits.
If your lawyer commits a crime in your defense, it is not your fault if you are found not guilty under mistrial, it has to be proven a mistrial in the legal manner in the correct time frame or you get off Scott free regardless of whether or not you are guilty.
If you are found guilty because of your lawyer screwing up, you can file for mistrial and not surfer punishment for a crime you haven't been proven guilty of in a fair and legal manner.
Likewise, if a police officer gets a confession illegally or obtain evidence illegally it can't be used in court. That is a crime. The person whose Job it is always legally responsible, unless it is the responsibility of the institution who employees said person.
In either case it is not the employees fault their company overpaid them when the employee committed no crime. The company needs to eat the cost or sue the accountant responsible for the mistake but they can't not hold the employee who did nothing wrong accountable for someone else's actions.
Regardless of whether or not they choose to eat that cost the employee should leave because they have proven they are incompetent at payroll which means they can't be trusted to pay you what you earned and commit a crime against you the employee. If you disagree with the basic common law practice as old as Rome and as wide spread as your mother's rectum, than you are infact the problem here.
Whether or not she has to pay it back depends on state employment law. In NYS, they can only recoup the last eight weeks of overpayment and they have to provide the employee with a notice with very specific verbiage before they can start garnishing the wages. Every day that goes by without that legally worded notification is another day they can’t recover the overpayment. If they don’t provide the notification within eight weeks, they are SOL. And they can’t make an under the table recovery because workers are not permitted by law to waive the rights provided to them by the state’s labor laws.
@@tomoore1776and if they sue they will lose because it was their mistake not hers, it's not her problem, over pay her then give enough time for that money to be gone to let her know well tough shit for her company
If she's in California she'll have to psu6
It's the employer's fault legally. She paid taxes on her income as well.
Good point.
I mean it’s their fault they overpaid her but it’s her responsibility to pay it back legally if it was not her agreed upon wage. A supremely good company will just eat that loss though due to their oversight.
@@JoeWill-db9rr agreed
I did payroll for 25 years. In California if you are overpaid the employer cannot legally force you to pay it back.
@@JoeWill-db9rr I was overpaid $8k by my company during a medical leave of absence. I'd been keeping poor track of my finances at the time, a year later I went back and accounted for everything. Found out they overpaid me and brought it to HR's attention. They thanked me for bringing it to their attention and told me it had been long enough that I could consider today 'my lucky day'. Very nice of them.
I never wouldve noticed. I work and go to school, my bills are on auto pay. I just assume theres never enough in thwre 😂
As an owner of a company how do you not know you overpaid someone 10k. I wouldn’t say a thing either if I was her.
You are not an owner of a business that does .25m or more a month in payroll. Big enough you have to trust people do their job right, not big enough to have someone tasked specifically for payroll that is intelligent enough or cares enough to recognize it.
I worked for a place that shorted me $200. A month for almost 5y. The secretary found out and they cut me a check for $5k.
So you got less than half what you were owed….
@@Bearsbeets.battlestargalactica no I got what I was owed. I was using rough estimates
But they taxed it first and you received 2800 haha
@@MrYatesj1 no
Bruh they owed you 12k 💀
Why is Ramsey trying to make this their fault? If my employer pays me more money, I'm gonna keep it. Employers fault. They paid taxes on it already. Settle it in court if they wanna take it that far.
Because Dave is an employer
Because it's easy to say paying back $30k is the right thing to do when you're worth $1b
It is OP's fault...I do know what I make in a check...OP got caught...they were hoping they never got caught...just because someone overpays you doesn't mean you don't owe them the return of the money.
It is their fault. You took the $
@@carliemorgan1871 I didn't take anything. I'm sure you're an employer. 😂
I she's paid every two weeks it's entirely possible not to notice an extra $384.62 on each check.
No it’s not when you make that little you notice 700 in a month,
You also like he said notice you made too much when you file taxes.
There is a close to zero chance they didn’t notice this.
Even once a month, most likely you dont notice it.
Especially if they add in expenses, and you don't bother to calculate it.
No
Of course you notice!
The guilt is they’re trying to find a way out now that the employer wants it back
Nah fuck that... Its hers
Right. Like in this economy especially. Not the employee fault the business owner can’t keep track of payroll.
Well said
Error in her favor. I wouldn’t call attention to my paycheck unless it was short!
Until they come after you for it
@@isekaibarnskye2125so you are transphobic?
If youre aware of the mistake, legally thats theft.
@@Notafed2099 lmao what
@@isekaibarnskye2125 oh my bad, am I off topic?
My inner SJW took over me from the spirit of George Floyd and and in the name of BUDLIGHT I rebuke you democrats!!!!
How about that climate change?
Same thing happened at my job for another server. He was getting paid $10.10/hr instead of the $5.05/hr like everyone else. I honestly dont know if he ever noticed this, but when the boss found out after the guy had quit working he withheld his last check telling him that he owed him the money back. It's been over a week now and he (single dad with child support obligations) still doesn't have his last check. I think it's wrong to ask for the money back when its the employer's fault for the mistake.
Holding a check is opening the employer to legal issues 😂
Which country is a fiver for minimum wage thats stupid. Get another job that pays fair for what you give which is your time and effort and you'll never get your time back
@@jonathanstone.. servers make $5/hr + tips. Usually is around $20-$50/hr depending on where you work
@@marioStortugano it's not unless he ends up under minimum wage for a server.
@@jonathanstone..please learn the difference between tip minimum wage and untipped before posting.
I’ll give it back if it’s a one or two month mistake and the fix the error but 3 years? As Dave would say pay the stupid tax, fix the problem, and move on.
Some people don’t check the detail of their pay. I’ve seen people drastically underpaid and not notice, and vice versa. Others get underpaid $8 and let you know straight away.
My paycheck is confusing and I am not stupid. My husband paycheck is so much easier to understand.
I'm gonna tell you if it was 25 cent less
Same thing happened to me for two years I didn’t notice for that long. We payed back but our taxes were affected
They noticed, they were hoping the employer was not gonna notice lol 😂😂
My husband’s pay structure isn’t a straightforward calculation, it has to do with hours worked + a commission based on product sold + mileage reimbursement. If they were to overpay him by $200 a week (he gets paid weekly) I don’t know that I’d notice since his paychecks vary so much depending on what and where he worked and how much people bought.
@@Simple-ist this ☝️
Most people won't admit when they are overpaid by the employer, but they will definitely sound the alarm if they are underpaid.
Yes no shit
Obviously, just like companies won't admit when they underpay a work but they sure as hell will sound the alarm when they overpay therefore the company can suck it, their mistake their loss
And I would be one of the most people. 🤷🏻♂️
Well duh.
Dave, if a company idiotically chooses to pay an employee extra when the company is not supposed to do that for 3 years straight and they don't have sense enough to catch the mistake for 3 years, that's not the employees fault nor the employees responsibility to tell the employment vendor quote hey you are overpaying me and have been for multiple years now end quote
I mean d fact the company didn't notice it for 3 yrs is CRAZY. Wat company is dat dat doesn't realize dis for 3yrs? Who's their accountant?
@@onyeilonyeil9468 wtf?
Dis and dat
Speak English...seriously
@@motoryzen you literally just used ‘wtf’ and you’re having a go for other people using slang? Get a grip and get off your high horse
He's not yelling at him for not noticing it for the company's sake; he's yelling at them because they clearly aren't keeping close track of their finances.
My employer tried to pull that shit during Covid and literally sent letters like 6 months later demanding to be paid back. Crazy town.
Nah not their problem a company should always know if they f ed up
They noticed =]
They just weren’t going to say anything.. duhh!!
Who would tell their employer “hey you paid me to much?”
This proves people want to blame others for their mistake.
Me...I would... In the end I have to answer for my actions in life
I actually did...was in a similar scenario...
@@jessicalopez5556 you’re a better person then me =]
@@laurarosewallcarucci5707 it was eating at me...I was like " I am not earning this"... They actually let me keep that new rate/gave me a raise...
Always look at your paycheck! I work in HR/ payroll and folks never look at paystub if they have direct deposit😮
Yeah man, im freaking busy. I shouldnt have to double check if a bunch of somepne elses did their jobs right. 😂
Or the business owner should be a professional
I was underpaid by like 80 cent for 8 months. Once I brought it up to my employer, they cut me the money on my next paycheck. But to over pay some one for 3 years? How could you not realize that as an accountant? Like numbers are literally your thing, and you let 30000 just slip through. Maybe they were wrong, but the people handling the payroll are in the wrong.
I would talk to a lawyer and find out my options...that is ridiculous but i'd ask the law first and find out if i owe it or if it's the employer's mistake to eat.
If they found out they were being underpaid this entire time they would expect her employer to pay her back pay for everything… so it only seems fair for them to also expect to have to pay back the employer for the overpayments.
I think since it started with her employment it's possible it was hard to notice whereas if she had worked there for quite some time and then there was this increase to what she had previously received it would've been more obvious...I don't necessarily believe that the employee was aware of the error due to her checks had always been consistent and set up that way since day one
You can't have it both ways. First we get into trouble for talking about our pay with our coworkers, now we're supposed to know more about our pay and how is calculated better than payroll? That's HRs fault and I work in HR. The employer should eat it and notice the employee that the errors have been corrected. Be prepared to lose that employee. I would be so mad. I've heard of this before and they made the employee pay it all back. She had no recourse. It was on the news
I think you pay it back because it's an integrity thing.
Dave can see through the smoke, nobody wants to take responsibility. They want to cry that the employer wants it back when they could have corrected it from the beginning…. Honestly folks
It's the employer's mistake and legally the money was paid to the employee.
It's theft if she doesn't pay it back.... my work overpaid me by $240 one pay and I called my payroll lady and had to pay back the next day....
@@claudes48but they’ve paid taxes on that money now. Seems like it’s legal income
@@claudes48 This is one for the courts to decide.
@@ashercoe9043and they can get their taxes paid back...paying taxes on it doesn't make it legal to keep.
No, legally the money is not the employees. Take it to an extreme You think if an error makes you get paid £2m instead of $2000, you think because the company made a mistake you just get to keep it? It’s not how the law works.
This is 100% on the employer. They can't mandate that she pay it back. There is a time period that they have to notice it by and try to fix it. They can't go back three years and pull income. I'm pretty sure it's only a couple paychecks worth. The amount of time it would take for them to make an accomodation to fix her pay.
Mistakes are mistakes. She definitely noticed and stayed quiet & of course she needs to pay it back. If she realised after 3 years she was being underpaid 800 bucks a month then i would expect she would have a different opinion on 'settling up' then.
As someone who works in payroll, that employer can kiss about 95% of that goodbye. But at the same time they’d likely terminate her if she doesn’t return it. Depends on if she values the job more than the 30k.
The branch of law which covers this is "unjustified enrichment". You don't necessarily get to keep money sent to you accidentally.
There ought to be a federal law that says if an employer over pays an employee or contractor, that person is not liable for overage. It happened to me. My agency was switched to a new company and I received a raise as well. The first cheque was considerably more than I was expecting. Long story short the company was overpaying me by $25 more an hour and they quickly fixed that. After I brought it to their attention. If I didn't say anything it would have possibly never been found.
does that work the other way around, if the company pays you short, the company isnt liable for you not able to pay bills? just food for thought
no one is going to be on the side of the corporation unless they are part of it, or being blackmailed in some way internally.
They KNEW or else they are negligible with their finances. If she had been underpaid you can bet they would have noticed and said something. They were hoping no one noticed!
I have been swearing that I make 16.25 an hour for the past 9 months and I was just told I make 15 an hour because I’m paid by monthly and not bi weekly even though I get paid every two weeks. Apparently I get paid the same every 2 weeks regardless of if there are 5 weeks in a month so the total ends up divided out to 16.25 and not $15. Some things are hard to catch because the math is weird.
Xactly
Only Dave could make this the employees fault. Just pull yourself up by your bootstraps, kids.
It's awesome when this happens. I got 645 bucks a week perdiem when I started my electrical construction job. That was awesome
Mileage reimbursement doesn’t come from payroll. It should come from accounts payable.
Fire the payroll clerk and supervisor who made the mistake. An instant $100,000+ added to the companies bottom line.
Haha I would put it into safer assets and take the interest until I am asked to pay it back. 😂
You will have a contractual obligation to check your paycheck is correct every month. The employer has the right to reclaim the money.
They knew it was supposed to be a one time payment, and ignored the issue. Employment contracts address this kind of thing.
The company probably has a bunch of people traveling for their job. Misrepresenting your travel is a pretty big thing.
If it took 3 years to notice, then I, as the employer, will just keep her at that rate since she is used to it and so am I.
❤❤ I could totally see this type of mistake happening and assuming it must be some sort of incentive or payment or compensation you weren't aware of.
No way! Employer fault. You can’t expect people to pay you back for what they already paid taxes on.
My wife got one paycheck that she wasn’t supposed to after leaving a previous job. Yes, it’s a mistake by the company, but we knew they were going to come for it, so we told them about it and they withdrew the money from our account…if they have your direct deposit info, they can do that apparently lol
Totally believe the caller.
Omg it’s 10k a year. Employer needs to just give it to her.
$382 a check minus taxes. easily not noticeable. Then the reinbursement thing can change each check as well
Dave would look to blame the employee for accounting mistakes of an employer... lol
If she wants to keep her job, she should be honest, but not speaking about it for 3 years, I guess she is not honest, hard to justify her as a good employee.
lol what a pathetic mindset. A “good employee” you must of spent your life making another man rich and think you did it right lol. If they didn’t notice 30k the company is huge and can eat the loss.
Were math and COMMON SENSE suspended at THAT time!?
Probabably got mixed up because of expenses. Perfectly plausible they dont pay enough attention. If he works, they presumably make well over 100k between them. Not like they are living paycheck to paycheck counting every penny.
I would try sue the company for paying her incorrectly and try to get even more….? Just an idea
My question is if they made the mistake at the job why is the employee liable to repay that if they never noticed
Its such a small amount inthe grand scheme of things esp when you get millage reimbursement, bounuses, over time. They better just eat the cost.
Not Looking At Your Stub, is just a Technique to encourage yourself to be "Uninformed" about that "Income Source!"
This clip is a "Lesson" to those watching: Review your Stub, and "Verify" it is Correct! Contact Payroll if you see something "Amiss!"
Legally she must pay it back...If they can show it was an error then she can't just say "finders keepers", the law doesn't work that way. This sounds like a clear case of "unjust enrichment" (look it up). She's gonna have to pay some of it back, might take awhile.
Yep...if you make even the most minimal effort, there's nothing the employer can do under law.
I would give them 5 bucks a month til it's paid....
@citigirlcountrified1927 Well, it's definitely a problem. Here in California they need the employees consent to deduct anything even overpayments, but other states will vary.
They either weren't verifying her checks or they noticed and decided not to say anything.
Paystubs should be checked. They most likely checked to see that she got the one time payment. That just continued.
Come on Dave, how about questioning how a company with accountants made the mistake?
I disagree that you would know they are over paying . Who take their hourly times it but hours work, add mike or what ever then subtracts taxes. You get your check you might look at taxes taken out and you see your gross.
So it’s the employees fault and she paid taxes on it now Dave agrees she should pay it back.
How did the employer miss that for 3 years
Code of conduct employees sign protect employers can claw back the money. Not I agree! But stating what can happen.. also the guys wife has adjustable pay so I Can see it happening.
This is such a ridiculous take by Dave that it should make you question everything he says. Of course someone could miss this small amount - particularly if they get reimbursements in their pay that make their amount fluctuate every pay cycle.
How wonderful for you that you can call $800/mtg small!
The employer can get that money back. Sorry folks it's not her money.
Poor budget tracking. You should have noticed it on the first month that it wasn't supposed to be there.
Hire an attorney. Who cares if they made the mistake.
However, you both need to weigh the pay back, or if she wants to speak with an attorney and possibly be at odds with her employer or even let go.
That's your call.
well Dave if the couple should have noticed then the company's payroll dept should have enoticed! take their pay to fix this mistake! 😂Who signed that paycheck ...the company's Treasurer?! let him take the blame! what does that guy make?
They noticed , they just didn't care...they just got caught .
This is what happens where are a lack of controls
They knew.
Ignorance is not a valid excuse! I have gotten paid for several years by direct deposit and I know within pennies what every deposit should be before it gets deposited
Also you can tell the guy on the phone is full of shit “we didn’t really look we just tracked her pay stubs” they knew they were getting money they shouldn’t be and were hoping Dave would back them up for being thieves
It’s kinda upsetting to see Dave trying to take the employers side here. Dude. That’s their problem. 100% they correct that problem BUT asking for it back is asinine.
What makes me cringe is the amount of thieves in comments “bro I’d take that money their fault lolololooll”. No wonder the work market is the way it is!
People are watch shows like this really dont get how bad ppl are with tracking their money. It is another show called financial Audit...watch that and just see how bad normal ppl are with keeping track of things.
Better charge that to the game
I’m self-employed in a fight over paid an employee $10,000 extra in a year and I did that for three years that’s on me that’s not on the employee that took the money
None of this made sense to me especially the beginning statement in white
I'm wouldn't pay anything back! Employer’s mistake, their loss.
She knew!!
Don’t work for that guy….
Time to quit! Prove it.
Im sure theyd notice if they were underpaid.
They didn't *notice*
If they made that mistake they need to take it up with their people not come back to the employee wanting the money back!
I f8nd it hard to believe they did not realize this m8stake. I dont know about you but i watch my time and calculate the amount. Sorry not buying it.
Don’t pay it back
Extra $800 a month is not enough to notice. I probably wouldn't notice either
Maybe you’re making millions of dollars a year then but these people obviously aren’t and they should have noticed.
@@user-yw4rj5dp5p no I'm definitely not. But if your working a job where alot of your pay comes from commission and your cheques are all over the place I feel like it would be easy to overlook $200 a week. Give you an example; if a salesperson has a week where they make $1000 commission along with their base pay of $1300, they will clear in eastern Canada around $1500. The following week their commissions are $500 along with their base pay of $1300, they end up clearing $1200. Even though the gross pay is $500 difference, because of taxes, CPP, EI premiums, etc,etc the discrepancy In the money cleared is actually much less. In a sales job with commission, salary, bonuses if someone added a extra $200 a week on your cheques, probably wouldn't even notice it.
I always find it so funny that people work to make money but they never check to verify they are getting paid correctly. That is just stubid
An employee shouldn’t be expected to know what an employer will pay for mileage. That’s set by the company. This is a strange situation. Good luck in court with this one.
An employee should absolutely know what they are getting paid per mile…. I would wanna know how much I was making…
why on earth would i look at my own taxes and think i should be concerned with getting extra money.
You don’t need to look at anything to notice a decent amount of money more per paycheck being deposited into your account….
Sounds like a personal problem... How can you not check the paystub hahahahahahaha
She paid taxes on that money. Correct the issue and move on. She can't recoup the extra taxes the government took.
Bet Ramsey never make a mistake? What a winner 🥇 gold star for Ramsey
Its on the employer for mesing up, they can eat it alot better then a family can.....
Would you be saying the same thing if the rolls were reversed and they had just found out her company had been underpaying her for 3 years?
Liar