Consumer Law, Warranties Employer overpaid for 3 years

[hokie]

This occurred in North Carolina.

Private hospital unknowingly overpays an employee for 3 years.

How much does the employee need to pay back? Is there a statute of limitations here?

 

[army judge]

This occurred in North Carolina.

Private hospital unknowingly overpays an employee for 3 years.

How much does the employee need to pay back? Is there a statute of limitations here?

Is the person in question still employed by the hospital?
This could be addressed in any of a number of ways.
If a person is hired at $10/hour and works 40 hours a week, they know they should gross $400/week.
If they were paid $20/week, they sure as heck ask questions.
Thus, the employer would argue, if they were paid $600/week, they should ask questions!

The employee might argue, ignorance.
They could also assert that the employer has a hand in this matter.
They should have known after much earlier than three years the employee had been overpaid.

If the person is no longer employed by the hospital, the amount in question would be considered a civil dispute.
The hospital would most likely demand to be repaid.
If the person refused or ignored the demand, I suspect a civil suit would ensue.
The outcome, perhaps a fifty-fifty shot.

 

[hokie]

The employee still works at the hospital.

The employee originally had a higher paying position for 2 years, then willing switched to another job within the same company for less pay.

To my knowledge there is no contract of how much the 2nd, less paying, wage is or should be. HR has documentation of the job posting, but I am not aware if any salary or wage details were sighted in the job posting.

HR has informed the employee that 'many managers have since left' from the time the job switch was made and that this is a 'extremely odd' scenario. Take that FWIW.

The hospital wants to reduce the employee's current wage by 30%.

 

[army judge]

The employee still works at the hospital.

The employee originally had a higher paying position for 2 years, then willing switched to another job within the same company for less pay.

To my knowledge there is no contract of how much the 2nd, less paying, wage is or should be. HR has documentation of the job posting, but I am not aware if any salary or wage details were sighted in the job posting.

HR has informed the employee that 'many managers have since left' from the time the job switch was made and that this is a 'extremely odd' scenario. Take that FWIW.

The hospital wants to reduce the employee's current wage by 30%.

Your best bet here, is bargain with them
They want 30%.
This is a good time to haggle.
Offer them a 15% reduction, but be prepared to go as low as 20%.
In the end, none of that may matter.
They may arbitrarily (and completely legally), reduce your pay to 30%.
An employer can adjust your wages at their will.

 

[hokie]

Thanks for your input, army judge.

I will post back when I have more contract details.