Damn Previous Employers

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I really do hate my previous employer right now. sigh.

Found out at the start of this month that they were still paying me. So I got on the horn and let them know. Got a call from them today stating that they've actually paid me for two months (I thought it was only one) that they should have.

Now, I'll admit this is partly my fault. The first month I assumed it was legit, that we had been paid a month in arrears. As such its gone! This months is unfortunate that some other debtors and bills have got their hands on half of it, meaning that of the 2k I owe, I can only pay them 500 of it right this very minute.

I pay 110 a week to another debtor, which I was previously only paying 40 a month. So I figure, allright, Ill just dump theirs back down to 40 for a while, and pay 100 a week to my previous employer to pay it back.

Apparently thats not good enough for them. They want it all within a month.

I've looked at the numbers and theres simply no way they are getting it. Even if i ignored all my existing committments, and paid them every single penny of my wages, it wouldnt cover it in a month (nearly, but not quite). But the fact of the matter is I just cant do that.

So Im going to have to go back to them tomorrow and make them the offer. If they dont like it, Im going to have to remind them that it was THEIR mistake, and as soon as I realised, I let them know. If they want to take it further, then by all means they can, but at the end of the day, I can only offer to pay them what I can afford.

What a pain in the arse, didnt need this during my holiday.

 

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They haven't got a leg to stand on.

They can bitch and moan and threaten you all they like, but it's their mistake - and you can even prove that it was you that alerted them to it, so there's not even a question about you knowing it was taking place and rying to keep it quiet.

I had a similar situation years and years ago - I claimed an advance on my salary the first month of employment and they actually paid me twice. The payroll department then accused me of claiming the advance twice - this sort of thing goes on all the time and is simply a case of some twonk in HR/Payroll/Finance trying to cover their own arse.

 

Wow fergal, that does really sux. However, it is their fault not yours. Tell them you are not about to let them give you a hard time because their payroll was not doing their job. Take what they can get or get the hell in line and wait their time for the dam money. I hate when people are like this and it is their fault not yours.

 

Absolutley guys. Thanks for the support.

I did kinda think it was a little strange when I got paid at the end of the first month. But figured we must be paid a month in arrears (after all, overtime was). Ok, maybe I should have checked then, but at the end of the day I didnt. Perhaps it was a mistake, but its done. The moment I knew that it wasnt, I informed them.

Im not going to be rude or confrontational if I can avoid it, but im not going to suffer for their mistake.

 

And maybe you ARE paid a month in arrears... check your bank records to see when you first got paid... make sure they're not shorting you a couple weeks pay on the back end.

 

I agree with the others bear in mind though that sometimes when you first get paid in a new job you get emergency taxed, if you have a payslip from your first month check it to see if you were or not. Then you can do your sums correctly.

But as people have said its their fault and they can't demand a certain payment of you they have to accept what you can afford if you have the time ask your local CAB (citizens advice)for advice it'll be free so theres no harm in doing so.

 

I had a similar problem once before and took legal advice.

They haven't got a leg to stand on. They can ask you nicely for it back, and if you can afford to pay it then that is fine and dandy.

But if you have spent it, or owe it to someone else, tough.

The important thing is that you believed it to be money that you were owed. If you knew that you were being paid in error and decided to keep it anyway, that's a different story.

 

Fergal,

For what it's worth, I'd settle this as amicably as possible. They may not give you the chance to do that, and if that is how it works out, fine, but try anyway. You don't want a former employer bad mouthing you if at all possible, and these guys sound like the type that just might do that.

I've been blacklisted by a former employer for nothing more than looking for another job while I was working there, and it took until they went out of business for me to start getting decent jobs again. So, if you can settle amicably, as the consequences of pissing someone off who has the power to give prospective employers a negative report on you is something you want to avoid if at all possible.

 

Hey Fergal

Id reccommend phoning your local citezens advice as they are pretty good and free. Your old employer cant say to your new employer that you have stolen the money either nor can he say whats going on between you both, i think theres some law.

On the other hand you could tell te new employer whats been going on, and then your in the clear with him etc.

Another thing if you send your old place a letter (recorded delivery) indicating the circumstances and what your prepared to repay etc then they cant do anything but accept you offer. Im sure they know this and they would also know that a court case would take ages to come with more or less the same outcome as what you would be willing to offer.

ED

 

Dont worry. If I can solve it amicably I will do. But I know what I can afford, and I wont be bullied into anything more. If they dont like the amount, well tough - its their mistake not mine.

I do fully intend to pay it back though. I did enjoy my time with the company on the whole. Would rather something like this didnt affect my chances if i ever chose to return.

 

Freeloader, I'm not too experienced in jobs and references, but end of the day, if you're in the right, and any future potential employers hear of this scandal from Fergals previous employer bad mouthing him, isn't it as easy as just explaining the situation to the new employer? I mean, what right do they have to say anything. They have the right to request at a time suitable, based on a schedule, but in no way demand or bad mouth anyone.

Workplaces have too much politics and it's up to you to convince others of your reasonings. I find that ridiculous that you were blacklisted for simply looking for another job. They may question your loyalty or dedication, but if one wants to move on, how else would you look for another job? It's a world where, no matter what we do sometimes, others just don't have the brain, heart or both to make life easier for others. I find it completely unreasonable and unfair to go as far as blacklisting you.

I sometimes find within companies, some people just don't know what to do with their time, even though more pressing issues are at hand. I know someone who mistakenly forwarded inappropriate material (which they received unfortunately out of their control) from their work email. They dont have a history, they made a mistake, and it was a one off to just one recipient. The company, with all it's managers and what not, had meeting after meeting, took things slightly personal, and seem to cause this person ridiculous agony. They could all just be working instead.

Fergal, I second all the posts. Why should you get a headache for the companies mistakes? Not your problem at all. Maybe it's best to see, as Michael said, whether they've not paid you enough as opposed to too much, and make sure they admit it's their mistake.

I don't see how they can be so demanding when they made the mistake. You did no wrong at all. You spoke to them and were honest with them. They should appreciate that you saved them time and effort of having to discover and chase you up. They should show a bit more good manners and courtesy here instead of hounding you for their money.

They should just empathise your situation and come to a reasonable deal. They can't deny your honesty and integrity.

Thats the attitude! And I hope you mend any possible relationship issues with your employers.

OOPS: JUST realised this is an old thread! My bad. How is the situation now Fergal?

 

to be honest, its a moot point now. The debts long been paid off.

...

not to mention im working for them again now.

 

I saw a thread similar to this on moneysaving expert

I think what you should do is send (Via recorded delivery) a letter stating you are willing to repay any overpayments, but currently are unable to pay the full amount due to living expenses, so will be happy to pay X amount a month, as this is there mistake then you are legally ok to do this.

Also state you would need to see proof of exactly how much has been overpaid as well.

 

Haha, yes I realised that it was an old thread only after finishing up my writing, so instead of deleting it and letting all that "hard work" go to waste, I posted.

Oh well, glad I was of assistance! ;)

Lol, and glad you're back in that job!

 

Sure... but only IF the potential employer gives you a chance to explain the situation. Many will just put your CV in the "high risk" pile and start looking elsewhere. But eventually, someone will give you a chance.

 

This is absolutely correct. You don't even get to the point of an interview with prospective employers where you can explain the situation. Your resumes get sent to the round file immediately, and from there you're in a no-win situation.

I know someone else that the same employer blacklisted and it took him 5 years to find a job. The job he finally found he was hired on the spot for because of his skills and then filled out an application after he started. As soon as they checked on him they were going to fire him because the former employer was saying that he faked an injury to collect what's called Workman's Compensation here in the US. He was able to talk them out of firing him only because they had gotten to know him well enough to believe his side of the story. Without that trust he would have spent even longer out of work.

With me I'll never know exactly what was said, but whatever it was it was very negative. So much so that a prospective employer who had really liked me and had narrowed down the field to me an one other person for a really, really good job wouldn't even speak civilly to me afterwards. The guy just screamed at me over the phone and told me never to contact them again. I asked him what in the world was said that he was so angry and he wouldn't say a word, just told me once again never to contact them.

Being blacklisted is a huge thing and if you've never experienced it you cannot know how it can devastate your earnings potential and your ability to find a job.

 

Maybe it's just here, but I know the reporting managers (IT Manager or whatever) will say just about nothing and defer to the HR department for any official word. HR departments here will say nothing more than "yes/no, the individual was(n't) employed here during such and such time". Nothing will be said about performance other than acceptable or not.

I guess it's fear of litigation, but it's so bad, I provide the information on the places I worked and add a list of references of colleagues and managers that will actually give the prospective employer some insight about me.

 

Sure, that mostly happens in the US, too... but there are some employers (on both sides of the pond) that don't have that fear of litigation. Some do it because they believe to be doing the right thing by telling what they believe to be the truth... but some are simply mean and spiteful enough to perpetually harm someone's career.

But let's say that a reference simply says "Not Acceptable", and nothing more. THAT is enough to make it difficult to catch a break... not only in IT, but in any career field.