Help!!! - I don't know where I stand legally

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Jmc1321

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Hello everyone,

I have a question regarding reimbursement of pay due to HR errors. Heres the scenario...

I was a hourly wage employee and got a promotion to foreman which entailed a switch from hourly to salary. When the raise went through, I was switched to my "per hour" salary rate, but did not get switched from hourly to salary in the sense that I was being compensated for my overtime still. So the first check I received with this error I brought it directly to my superior's attention. He took it to the admin. asst. to contact our HQ's HR to inform them of the mistake. That being said, I continued to receive compensation for my overtime for 3 more pay periods, each time I brought the paystub to my boss to try to get it fixed. Here's where the confusion comes in. They tell me 4 months later that I'm liable for paying them back for the extra compensation. I'm not sure where I stand legally on this but can they MAKE me pay this money back? I really don't feel I should have to pay for HR's mistake 1000 miles away, also noting it took them 2.5 months to fix it. Not once during the time of the extra compensation was I ever told that I would have to pay this money back. Now they are telling me that they will be deducting the extra GROSS pay from my Christmas bonus. Are they allowed to do this? Please, any help on this matter would be greatly appreciated. I don't know if I can fight this or not.
 
Regardless of who made the mistake (and this sounds more like a payroll error than an HR error), you have no legal justification for keeping money you did not earn. They can require that you pay it back and they can sue you if you do not.
 
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