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PostPosted: Fri Dec 07, 2018 9:25 pm 
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There's an employee who requested every Friday off in writing so she could attend church activities that day instead. She understands this would be unpaid leave. Her supervisor approved in writing but never apparently told payroll of this arrangement. Two years passed. She got paid for those Fridays and didn't notice and the company didn't either.

Now they notice and asked her to pay them back. She said hell no I already told you I'm out on Fridays and it ain't my fault you didn't tell payroll. The company isn't sure if they should fire her or not. She's an otherwise honest and high performing employee. What say you all?

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PostPosted: Fri Dec 07, 2018 9:28 pm 
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I would fire her. She knew it was a mistake and wasn't honest about it. Your company sounds like a peach


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PostPosted: Fri Dec 07, 2018 9:29 pm 
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billypootons wrote:
I would fire her. She knew it was a mistake and wasn't honest about it. Your company sounds like a peach


She didn't know. She only found out when they brought it to her attention two years later.

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PostPosted: Fri Dec 07, 2018 9:36 pm 
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Pursuant to the Illinois Wage Payment and Collection Act, an employer may deduct overpayments from an employee’s wages.
If the overpayment is undisputed by the employee and is discovered before the employee’s first regularly scheduled payday after such overpayment occurred, the employer may deduct the entire overpayment from the employee’s next scheduled paycheck. However, if the undisputed overpayment is not discovered until after
the next regularly scheduled paycheck,
the employee must give express, written consent to a schedule of deductions for the repayment. Pursuant to the Illinois Wage Payment and Collection Act, such scheduled deductions may not exceed 15 percent of the employee’s gross wages per paycheck. Importantly, employers in Illinois drafting such a written repayment agreement should include a provision stating that if, upon an employee’s termination or resignation, the balance of the overpayment remaining
to be repaid by the employee exceeds
15 percent of such employee’s gross wages, that amount may be deducted from the employee’s final compensation. Such a deduction is permitted under Illinois law, but only if such a provision was included in an agreement signed by the employee.


Pursuant to the Illinois Wage Payment
and Collection Act, in the event that the employee does not agree to an overpayment deduction, the employer may still withhold the amount in question from the employee’s paycheck, provided that the employer notifies the Illinois Department of Labor in writing
on the date the payment is made. Such written notice must state (i) the amount that is being withheld, (ii) the date it is withheld and (iii) the reasons for which the payment is being withheld. Once the Illinois Department of Labor receives such notice from the employer, it will complete an investigation within 30 days and thereafter render a judgment. Employers in Illinois should note that the acceptance by the employee of
a disputed paycheck does not constitute acquiescence by the employee to the deduction. If the employer is ordered to repay the employee, then the employer must pay within 15 days of the Department of Labor’s determination


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PostPosted: Fri Dec 07, 2018 9:37 pm 
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I just sort of assumed every interaction vegan had at work was a real life Office Space situation.

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PostPosted: Fri Dec 07, 2018 9:40 pm 
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veganfan21 wrote:
billypootons wrote:
I would fire her. She knew it was a mistake and wasn't honest about it. Your company sounds like a peach


She didn't know. She only found out when they brought it to her attention two years later.

Presumably she was working Fridays before then and made $X a paycheck. She requests unpaid leave every friday. She still makes $X a paycheck. I find that hard to believe. Maybe for the first few paychecks she wasn't checking, but she pays taxes, one would assume. So I would find she is at least partially guilty due to the preponderance of evidence.

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PostPosted: Fri Dec 07, 2018 9:40 pm 
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They can and will get there money back. Its a clerical error. She should lose the money and her job, for the way she is acting


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PostPosted: Fri Dec 07, 2018 9:43 pm 
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To answer the question where the answer is already painfully obvious: if you think she's honest you neccesarily think she didn't notice the deception, therefore you keep her on while letting her know why her pay check is going to be 1/5th lower going forward.

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PostPosted: Fri Dec 07, 2018 9:55 pm 
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She obviously can't pay it back all at once, that's 20 weeks of pay.
She obviously can't keep it, that's 20 weeks of pay.
She's probably not expecting a 20% pay cut at this point, plus whatever deduction for making up the difference. But that's too bad.

So what I'd try to settle for is the following:
a) Obviously cut the pay to the proper amount immediately.
b) Agree to recover 80% of the overpaid amount over 40 weeks, starting 12 weeks from now so she has time to adjust her finances.
c) Let her keep the other 20% - so essentially an extra 3 weeks pay - as a goodwill gesture

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PostPosted: Fri Dec 07, 2018 10:02 pm 
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Chet Coppock's Fur Coat wrote:
So what I'd try to settle for is the following:
a) Obviously cut the pay to the proper amount immediately.
b) Agree to recover 80% of the overpaid amount over 40 weeks, starting 12 weeks from now so she has time to adjust her finances.
c) Let her keep the other 20% - so essentially an extra 3 weeks pay - as a goodwill gesture

That is perfect.

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PostPosted: Fri Dec 07, 2018 10:07 pm 
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I’d give her three choices:

Dock her wages.
Have her work Fridays but not get paid for two years.
Fire her.

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PostPosted: Fri Dec 07, 2018 10:08 pm 
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Hank Scorpio wrote:
I’d give her three choices:

Dock her wages.
Have her work Fridays but not get paid for two years.
Fire her.

:lol:

Hanks a cold motherfucker.

Company fucked up. Gotta take some accountability for that. Chets post is reasonable.

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PostPosted: Fri Dec 07, 2018 10:24 pm 
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I think there are somethings in life you have to suck up. Being an employer myself, if she is a good worker, you just suck it up. Just make the correction going forward. I would make a couple other changes, but that would be my personal preference.


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PostPosted: Fri Dec 07, 2018 10:27 pm 
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Cashman wrote:
I think there are somethings in life you have to suck up. Being an employer myself, if she is a good worker, you just suck it up. Just make the correction going forward. I would make a couple other changes, but that would be my personal preference.

If you suck it up, you have to make an example of somebody else who should have verified the change. Unless you're the one in charge of that in which case it's time to eat at least some of it.

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PostPosted: Fri Dec 07, 2018 10:31 pm 
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Chet Coppock's Fur Coat wrote:
Cashman wrote:
I think there are somethings in life you have to suck up. Being an employer myself, if she is a good worker, you just suck it up. Just make the correction going forward. I would make a couple other changes, but that would be my personal preference.

If you suck it up, you have to make an example of somebody else who should have verified the change. Unless you're the one in charge of that in which case it's time to eat at least some of it.



I guess it depends on if people who know about this, and if they are talking about it to others. The few things I would do personally, fire the manager, tell her work 5 days a week or gtfo, and make sure stupid shit like this doesn't get to this point. It is either full time hours or no job. You wanna practice the sabbath, take Saturday or Sunday to do that shit. She is probably in one of those cults that meets at someone's house once a week on Friday's. My parents have next door neighbors that do this stupid shit.


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PostPosted: Sat Dec 08, 2018 12:19 am 
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No decisions with out pics. Tubby gtfo. Hot work something out.


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PostPosted: Sat Dec 08, 2018 9:05 am 
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There's zero chance she didn't realize she was getting paid for not being there 20%of the time. I don't blame her.i wouldn't have said shit either. I wouldn't repay a dime, I'd quit before I let em dock me.

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PostPosted: Sat Dec 08, 2018 9:23 am 
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newper wrote:
veganfan21 wrote:
billypootons wrote:
I would fire her. She knew it was a mistake and wasn't honest about it. Your company sounds like a peach


She didn't know. She only found out when they brought it to her attention two years later.

Presumably she was working Fridays before then and made $X a paycheck. She requests unpaid leave every friday. She still makes $X a paycheck. I find that hard to believe. Maybe for the first few paychecks she wasn't checking, but she pays taxes, one would assume. So I would find she is at least partially guilty due to the preponderance of evidence.



I think you'd be surprised how many people don't actually check their paychecks. My wife has run into similar stuff with fucked up payroll, sometimes when the employee had been shorted for a long time without knowing it.

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PostPosted: Sat Dec 08, 2018 9:42 am 
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Joe Orr Road Rod wrote:
newper wrote:
veganfan21 wrote:
billypootons wrote:
I would fire her. She knew it was a mistake and wasn't honest about it. Your company sounds like a peach


She didn't know. She only found out when they brought it to her attention two years later.

Presumably she was working Fridays before then and made $X a paycheck. She requests unpaid leave every friday. She still makes $X a paycheck. I find that hard to believe. Maybe for the first few paychecks she wasn't checking, but she pays taxes, one would assume. So I would find she is at least partially guilty due to the preponderance of evidence.



I think you'd be surprised how many people don't actually check their paychecks. My wife has run into similar stuff with fucked up payroll, sometimes when the employee had been shorted for a long time without knowing it.

I agree. In fact I almost never check my statement as my wife handles all the bills and banking. It is direct desposited and varies based upon travel expenses, deductions, etc. so the “normal” amount isn’t necessarily obvious. That said, if I accepted the deal she did I’m sure I would have paid attention to the next several paychecks to see how badly it hurt.

I’m guessing it will be handled the same way most sports teams handle an athlete who has gone astray - if she’s valuable they will wag their finger at her and tell her not to do it again. If she’s easily replaceable she’s made an example.

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PostPosted: Sat Dec 08, 2018 10:34 am 
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Who attends church in Friday? Sounds like she was running some kind of scam. Every Friday off. Fuck you.

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PostPosted: Sat Dec 08, 2018 10:46 am 
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Make her listen to Baby It's Cold Outside on repeat every Friday before and after she attends church so she realizes how lucky she is.

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PostPosted: Sat Dec 08, 2018 10:58 am 
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veganfan21 wrote:
There's an employee who requested every Friday off in writing so she could attend church activities that day instead. She understands this would be unpaid leave. Her supervisor approved in writing but never apparently told payroll of this arrangement. Two years passed. She got paid for those Fridays and didn't notice and the company didn't either.

Now they notice and asked her to pay them back. She said hell no I already told you I'm out on Fridays and it ain't my fault you didn't tell payroll. The company isn't sure if they should fire her or not. She's an otherwise honest and high performing employee. What say you all?




yea, if she doesn't pay it back it's called stealing. Doesn't matter if she claims to have not known, she should've known based on the size of her weekly checks.

Reminds me of something that happened many many years ago. Girl I knew at UW Madison went to ATM and the ATM fucked up and her balance read $600,000 instead of $600. She didn't tell the bank and just kept the money. Bank found out a few months later and she had to pay it back WITH INTEREST.


TL;DR: You can' t play ignorant in regards to what's in your bank account no matter how it got there.

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PostPosted: Sat Dec 08, 2018 11:23 am 
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If she had previously worked on Fridays, then did not say anything when her check never changed, then it is equally her fault.

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PostPosted: Sat Dec 08, 2018 12:16 pm 
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shakes wrote:
veganfan21 wrote:
There's an employee who requested every Friday off in writing so she could attend church activities that day instead. She understands this would be unpaid leave. Her supervisor approved in writing but never apparently told payroll of this arrangement. Two years passed. She got paid for those Fridays and didn't notice and the company didn't either.

Now they notice and asked her to pay them back. She said hell no I already told you I'm out on Fridays and it ain't my fault you didn't tell payroll. The company isn't sure if they should fire her or not. She's an otherwise honest and high performing employee. What say you all?




yea, if she doesn't pay it back it's called stealing. Doesn't matter if she claims to have not known, she should've known based on the size of her weekly checks.

Reminds me of something that happened many many years ago. Girl I knew at UW Madison went to ATM and the ATM fucked up and her balance read $600,000 instead of $600. She didn't tell the bank and just kept the money. Bank found out a few months later and she had to pay it back WITH INTEREST.


TL;DR: You can' t play ignorant in regards to what's in your bank account no matter how it got there.


How did that work? Did she remove the money?

That reminds me of a time when I received tax refunds for a company that had the same name as mine but was incorporated in a different state. A check came for $126,000. Then a week later another check came for $181,000. I told me accountant and he advised me to deposit them. He said, "If they catch you, all they'll do is make you pay it back." I said I absolutely was not going to deposit the checks. Instead I framed them and hung them on the wall. About a year later I got a call from the IRS looking for the money. I told the guy I didn't know what he was talking about.

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PostPosted: Sat Dec 08, 2018 1:28 pm 
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I would have let her go when she requested Fridays off.


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PostPosted: Sat Dec 08, 2018 1:45 pm 
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She should quit before they can dock her pay. It's the company's fault. Sure she knew about it, but there is no law that says a company cannot overpay you.

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PostPosted: Sat Dec 08, 2018 3:24 pm 
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Joe Orr Road Rod wrote:
shakes wrote:
veganfan21 wrote:
There's an employee who requested every Friday off in writing so she could attend church activities that day instead. She understands this would be unpaid leave. Her supervisor approved in writing but never apparently told payroll of this arrangement. Two years passed. She got paid for those Fridays and didn't notice and the company didn't either.

Now they notice and asked her to pay them back. She said hell no I already told you I'm out on Fridays and it ain't my fault you didn't tell payroll. The company isn't sure if they should fire her or not. She's an otherwise honest and high performing employee. What say you all?




yea, if she doesn't pay it back it's called stealing. Doesn't matter if she claims to have not known, she should've known based on the size of her weekly checks.

Reminds me of something that happened many many years ago. Girl I knew at UW Madison went to ATM and the ATM fucked up and her balance read $600,000 instead of $600. She didn't tell the bank and just kept the money. Bank found out a few months later and she had to pay it back WITH INTEREST.


TL;DR: You can' t play ignorant in regards to what's in your bank account no matter how it got there.


How did that work? Did she remove the money?

That reminds me of a time when I received tax refunds for a company that had the same name as mine but was incorporated in a different state. A check came for $126,000. Then a week later another check came for $181,000. I told me accountant and he advised me to deposit them. He said, "If they catch you, all they'll do is make you pay it back." I said I absolutely was not going to deposit the checks. Instead I framed them and hung them on the wall. About a year later I got a call from the IRS looking for the money. I told the guy I didn't know what he was talking about.


no, she kept it in her non-interest bearing savings account. She ended up having to pay back with interest because she cost the bank the interest they would've normally earned had they been in possession of the money the entire time.

You were smart not to deposit that tax refund. Since you never cashed the check the money never left the IRS, therefore you did nothing wrong. If you had deposited they would've insisted on interest and possibly a higher interest rate than the one you earned on the money from your bank.

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PostPosted: Sat Dec 08, 2018 8:04 pm 
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Darkside wrote:
Who attends church in Friday? Sounds like she was running some kind of scam. Every Friday off. Fuck you.

The Muslim equivalent of the day of the Sabbath is on Fridays from 12pm-2pm normal time and 1pm-3pm daylight savings time. There's a YUGE turnout for these services.

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PostPosted: Sat Dec 08, 2018 8:12 pm 
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sinicalypse wrote:
Darkside wrote:
Who attends church in Friday? Sounds like she was running some kind of scam. Every Friday off. Fuck you.

The Muslim equivalent of the day of the Sabbath is on Fridays from 12pm-2pm normal time and 1pm-3pm daylight savings time. There's a YUGE turnout for these services.

Oh. Interesting. Vegan is she a Muslim?

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PostPosted: Sat Dec 08, 2018 9:44 pm 
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Darkside wrote:
sinicalypse wrote:
Darkside wrote:
Who attends church in Friday? Sounds like she was running some kind of scam. Every Friday off. Fuck you.

The Muslim equivalent of the day of the Sabbath is on Fridays from 12pm-2pm normal time and 1pm-3pm daylight savings time. There's a YUGE turnout for these services.

Oh. Interesting. Vegan is she a Muslim?


She's Jehovah's Witnesses. Not sure if the reason for taking Friday off is for services or to go door to door or whatever.

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