Can we legally recover salary overpayments without the employees permission?
daniel bourdon
Replies (2)
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Futher problems
You may not have the right to recover the payment at all. If the employee had reason to believe that they were entitled to the additional pay and they have spent it, you can't get it back.
Reasons to believe they were entitled to it might include a memo from a manager, a general indication to employees that extra payments were being made, payments have been in line with previous periods, and so on.
Contract
You need to check the employee's contract. If it allows deductions then simply inform them in advance of what you are going to do and why. If no provision exists then you cannot make the adjustment without their agreement.