Overpaid wages

[BrooklynGirl]

Jurisdiction

New York

I retired 4 years ago. Recently I got a letter from my previous employer notifying me that the overpaid me for 2 days right before retirement. They demand that I return the gross amount worth of 2 days with a bank check. I did my research online and found out that I'm obligated to return the amount paid as Federal+state+city taxes. However, from what I read the FICA taxes are in a different category. The employer can file for overpaid FICA taxes as long as I give them a consent that I will not file for refund. To make the matter more complicated, for FICA refund the period-of-limitation is 3 years following the April after the original payment was done. So given that we are now approaching 4 years from the overpaid wages we either passed or approaching the period-of-limitation for FICA refund.
Given that it was their mistake I refuse to return the FICA taxes. My questions:
1. Is it legal?
2. They refuse to accept a personal check and force me to pay with a bank check. Since it was their mistake am I allowed to deduct the cost of the bank check?
3. Are they obligated by law to give me a document showing the amount I refunded them so I can deduct it from the current year income?

 

[cbg]

@Tax Counsel

 

[flyingron]

I'd have told them to pound sand. They only have eight weeks to notice a mathematical or clerical error and come after the employee.

 

[adjusterjack]

Ron, it would help if you cited a statute or some authority for BrooklynGirl.

Though, at this late date, I would also tell them to pound sand.

 

[justblue]

https://dol.ny.gov/system/files/doc...~:text=(a) Timing and duration.,(b) Frequency.

Sec. 195-5.1 Deductions for Overpayments 195-5.2 Deductions for Advances 195-5.3 Authorization and Notification § 195-5.1 Deductions for Overpayments Section 193, subdivision 1(c), of the New York State Labor Law permits an employer to make deductions from an employee's wages for "an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer." Such deductions are only permitted as follows: (a) Timing and duration. The employer may only recover such overpayments as were made in the eight (8) weeks prior to the issuance of the notice described in subdivision (e) below. The employer may make deductions to recover overpayments for a period of six (6) years from the original overpayment;

 

[Zigner]

https://dol.ny.gov/system/files/documents/2022/09/cr195.pdf#:~:text=(a) Timing and duration.,(b) Frequency.

Sec. 195-5.1 Deductions for Overpayments 195-5.2 Deductions for Advances 195-5.3 Authorization and Notification § 195-5.1 Deductions for Overpayments Section 193, subdivision 1(c), of the New York State Labor Law permits an employer to make deductions from an employee's wages for "an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer." Such deductions are only permitted as follows: (a) Timing and duration. The employer may only recover such overpayments as were made in the eight (8) weeks prior to the issuance of the notice described in subdivision (e) below. The employer may make deductions to recover overpayments for a period of six (6) years from the original overpayment;

If that's the law that @flyingron had in mind, than it doesn't apply in this situation. Sec. 195-5.1-.3 has to do with deductions from future wages to make up for past mistakes, and that's not what's happening here.