Mesa, AZ
I want to know if I have a case against my previous employer (government). I was let go from my previous job after the department I was working for was sold out to a private vendor. When I left my job I was to receive a buyout option. I requested a statement showing what my buyout payoff would be (this was recorded on tape). I never received it and still haven't. Two weeks after my last day of work I received a direct deposit of what I thought was the buy out payoff. Six months later my employer informs me that they over paid me and want the over payment back in 12 days. At this point I tried to set up a repayment plan and was told that they don't take payments I had to pay the whole amount back or nothing. This happened in December of last year (2007). Now I just received a notice saying that I owe them another $500+ because they are considering it a loan and if I don't pay them by today that they are going to turn me over to a collection agency. Do they have any legal position to do this as it was their negligence to begin with so in my opinion I should owe them nothing and if I do owe them the over payment how can they consider it a loan without a promissory note?? Oh, and the kicker is that the department did not have an accountant or business manager for over a year which I am sure is why the error occurred in the first place. And I believe by law they were required to have one of the two. I have a e-mail from the lady that was doing the accounting and her title was an administrative assistant. Any info would be helpful. Thanks!
I want to know if I have a case against my previous employer (government). I was let go from my previous job after the department I was working for was sold out to a private vendor. When I left my job I was to receive a buyout option. I requested a statement showing what my buyout payoff would be (this was recorded on tape). I never received it and still haven't. Two weeks after my last day of work I received a direct deposit of what I thought was the buy out payoff. Six months later my employer informs me that they over paid me and want the over payment back in 12 days. At this point I tried to set up a repayment plan and was told that they don't take payments I had to pay the whole amount back or nothing. This happened in December of last year (2007). Now I just received a notice saying that I owe them another $500+ because they are considering it a loan and if I don't pay them by today that they are going to turn me over to a collection agency. Do they have any legal position to do this as it was their negligence to begin with so in my opinion I should owe them nothing and if I do owe them the over payment how can they consider it a loan without a promissory note?? Oh, and the kicker is that the department did not have an accountant or business manager for over a year which I am sure is why the error occurred in the first place. And I believe by law they were required to have one of the two. I have a e-mail from the lady that was doing the accounting and her title was an administrative assistant. Any info would be helpful. Thanks!
