? How long would you expect back pay

[sasywtch]

If your employer messed up on your pay for the past 2-1/2 years and owed you $1000, when do you believe you should receive the money?

 

[WDWBarb]

As soon as the mistake is realized? If it was an extremely large amount I could see them asking if they could spread it across a few checks, but $1,000 I would expect right away.

 

[LJSquishy]

Within a month or so. Sometimes those mistakes take a while to sort out with payroll and can't always show up on your next paycheck.

 

[scrapquitler]

Within a month or so. Sometimes those mistakes take a while to sort out with payroll and can't always show up on your next paycheck.

This. But when you get it, don't expect to get the $1000. Taxes will get taken out of it, and because it's extra, it will probably be taxed like a bonus is, at a higher rate (and you will get back the difference when you file your taxes).

 

[mamacatnv]

I just have to ask, what did they mess up that took 2.5 years to find?

 

[S. C.]

With in a month!

 

[low-key]

With in a month!

I agree, unless its some Mom and Pop shop where it would be hard for them, and just so they got a plan to pay me back I would be fine

 

[sasywtch]

Definitely not mom and pop, it's the State of CA. After taxes, it will be approx. $600. Are you all ready???? 6 months +++ I am not happy.

My old supervisor had us reporting our overtime wrong. Going back since March 2011, they owe me about $1000. This was found September 10. September 16 I took my monthly time sheets home, redid them correctly, highlited the old ones to show where I corrected, added +2 or whatever they owed me. They sat on a desk. I called my union and the next day, I had a spread sheet from our HR with what they owed me and what I owed them (of course they found we reported other things wrong so now I owe them $150 LOL).

October 18 my manager and HR sit down and go over all my time sheets and think they have them straight. October 28, my manager and I sit down, I redo them all on my computer, she signs them and off they go back to HR.

November 6 I email HR and ask how it's going since we normally get a check 3-5 business days after we submit our time sheets for the month. (we get paid monthly). I am told:
I will get paid for fiscal year 2013 (July-September since my October was correct) soon, last fiscal year July 2012-June 30, 2013 2 months later and then the rest 2 months after that. Supposedly it takes the state controller 2 months in between each pay check to fix their fiscal year book. It will be a total of 8 months before I see the full $600.

However, I am getting a letter this week telling me they are taking the $150 I owe them for the last 3 fiscal years out of my next regular paycheck November 30. So it appears, you can deposit to the state controller for any fiscal year but when they owe you money, it takes 6 months.

I have no recourse. The controller is an elected position therefore not under the governor and the labor board will not speak to us since they are state employees. ***disclaimer, we are a self supporting agency so not paid by tax dollars. I'm honestly considering taking the email from my HR about my payback letter and the one from the controllers saying it takes 2 months in between when they owe me, blowing them up and putting them on a picket sign and standing outside their office. A coworker told me it took them over a year to pay him back for something they continually took out of his check that they weren't suppose to. If you owe them money, they want it now, if they owe you, they take their time.

Frustrated with them is all. I've had another issue with them lately and they were downright rude to me (state controllers). I had one lady tell me the other day she would pray for me ????

 

[dakcp2001]

Definitely not mom and pop, it's the State of CA. After taxes, it will be approx. $600. Are you all ready???? 6 months +++ I am not happy.

My old supervisor had us reporting our overtime wrong. Going back since March 2011, they owe me about $1000. This was found September 10. September 16 I took my monthly time sheets home, redid them correctly, highlited the old ones to show where I corrected, added +2 or whatever they owed me. They sat on a desk. I called my union and the next day, I had a spread sheet from our HR with what they owed me and what I owed them (of course they found we reported other things wrong so now I owe them $150 LOL).

October 18 my manager and HR sit down and go over all my time sheets and think they have them straight. October 28, my manager and I sit down, I redo them all on my computer, she signs them and off they go back to HR.

November 6 I email HR and ask how it's going since we normally get a check 3-5 business days after we submit our time sheets for the month. (we get paid monthly). I am told:
I will get paid for fiscal year 2013 (July-September since my October was correct) soon, last fiscal year July 2012-June 30, 2013 2 months later and then the rest 2 months after that. Supposedly it takes the state controller 2 months in between each pay check to fix their fiscal year book. It will be a total of 8 months before I see the full $600.

However, I am getting a letter this week telling me they are taking the $150 I owe them for the last 3 fiscal years out of my next regular paycheck November 30. So it appears, you can deposit to the state controller for any fiscal year but when they owe you money, it takes 6 months.

I have no recourse. The controller is an elected position therefore not under the governor and the labor board will not speak to us since they are state employees. ***disclaimer, we are a self supporting agency so not paid by tax dollars. I'm honestly considering taking the email from my HR about my payback letter and the one from the controllers saying it takes 2 months in between when they owe me, blowing them up and putting them on a picket sign and standing outside their office. A coworker told me it took them over a year to pay him back for something they continually took out of his check that they weren't suppose to. If you owe them money, they want it now, if they owe you, they take their time.

Frustrated with them is all. I've had another issue with them lately and they were downright rude to me (state controllers). I had one lady tell me the other day she would pray for me ????

Now it seems as though if you cause a big stink you could get yourself in trouble at work, but since your employer sees no harm in stealing from you, I would probably dust off the old resume and start looking anyway. I'd probably also file a complaint with the labor department. California has very strong laws and they can probably do something to help you. I'd want interest if they were holding that much money. It seems remarkably unfair. But how fat you want to push it depends on how hard it will be for you to get another job when you get canned.

Now I am going to give you some life advice here, take it or leave it. Be NICE and polite to the person in charge of fixing this error. You catch more flied with honey. I would make a trip over there in person, and befriend these people. Tell them how much they money is needed for the holidays. Keep showing up, being friendly,asking lots of questions, to check on things. This can accomplish 2 things, get them on your side and annoy them (by showing up repeatedly) into helping you.

If you go in making repeated phone calls guns blazing, no one will want to talk to you or help you. Be nice. The people you yell at are not the people who caused the problem about 99.99% of the time. The person who caused the problem could care less and will never have to speak with you.

 

[aprilgail2]

This happened with a guy i work with. One day he was asking about something on his check and one of the guys looked at his check and said "hey how come you are only making $" turns out they never gave him his last increase and it was over a year of bring underpaid, they owed him thousands. Took them about a month to go through it all and give him his money. But they did break it down into a few checks so it was taxed less.

 

[Amelia Peabody]

They will also have to refile their own corporate taxes, both quarterly and annually. Make sure they give you any tax documents you may need should you have to file an amendment to your own taxes.

As a former Payroll Specialist, I know they can process the payment as reversing the old hours then paying the corrected hours and tax it based on length of time worked. They will tell you they can only enter it as a "lump sum" which will indeed take out higher taxes that you will get back when you file in April.

When my company bought out a California business, I had to take on their payroll with little input or information. Flew out there for consultation and received major attitude from their payroll person ( this is AFTER subtracting for losing-their-job sour grapes ). Turns out she was deducting social security and medicare from three UK nationals, for several years. What a nightmare. I had to refile EVERYTHING! And they wanted money back right away. But I had to reverse and repay each check to make sure it was correct. Even now, it makes me shiver....

 

[tvguy]

They will also have to refile their own corporate taxes, both quarterly and annually. Make sure they give you any tax documents you may need should you have to file an amendment to your own taxes.

As a former Payroll Specialist, I know they can process the payment as reversing the old hours then paying the corrected hours and tax it based on length of time worked. They will tell you they can only enter it as a "lump sum" which will indeed take out higher taxes that you will get back when you file in April.

When my company bought out a California business, I had to take on their payroll with little input or information. Flew out there for consultation and received major attitude from their payroll person ( this is AFTER subtracting for losing-their-job sour grapes ). Turns out she was deducting social security and medicare from three UK nationals, for several years. What a nightmare. I had to refile EVERYTHING! And they wanted money back right away. But I had to reverse and repay each check to make sure it was correct. Even now, it makes me shiver....

OP said she worked for the State of California, so employer has no corporate taxes to pay, but that is a good point if it were a private employer.
We had a situation where a mistake was made regarding missed meal penalties. California REQUIRES workers take a meal break, and they HAVE to take it no sooner than 3 hours after they start their work day, and no later than 5 hours. You can't waive it and work 8 straight (which is what I did for 27 years) , or take it at the end or beginning of your shift. You don't get your break, they have to pay you an hour's pay penalty.
Took the company 6 months to work the legalities out, and we got money going back 3 years, which apparently is as far back as the law requires and it came as a lump sum. Company had to redo their taxes back 3 years. Most other companies caught in the same mess did not pay back penalties, and took the position that they corrected it as soon as they became aware of it, and their attorneys advised them they did not have to issue back payments. I only worked their 18 months and got over $1,000. Other folks got enough to buy new cars.

 

[tvguy]

Definitely not mom and pop, it's the State of CA. After taxes, it will be approx. $600. Are you all ready???? 6 months +++ I am not happy.

I can't speak to back pay, but I know several venders who say mistakes regarding payments on state contracts can take 6 to 9 months to resolve.

 

[sasywtch]

Thank you all. It's been a few days and my blood boiling has settled a little. Cracks me up they want their money right away for the past three years.
To a pp, we cannot go to the labor commission, it's another state agency. Federal agencies won't help us. Working in a public type state agency, I have learned that kindness does equal kindness and yelling equals barbs thrown back
(I admit, when someone calls me yelling, I have thrown some little barbs back but haven't in a long time). We also are not allowed to talk to our HR, we have to go through our supervisor. I have been able to on this issue only due to my manager doesn't want to deal with this. (She just started, we have been down 45% of our staff for 3 years and she has already hired 25% and working on the others).

 

[NYDisneyKid]

WAY off topic

 

[aprilgail2]

WAY off topic

??

 

[Ruthiesmama]

WAY off topic

Lol it's the community board, your post was the only thing off topic

 

[NEDisneyFans]

If your employer messed up on your pay for the past 2-1/2 years and owed you $1000, when do you believe you should receive the money?

As soon as the mistake is caught, the employer should pay you what is owed, and I would expect it on my next check.

That said, if we are talking about an honest error and making a single lump-sum payment would LEGITIMATELY threaten the solvency of the business, I would be willing to accept the backpay over two - four payroll cycles.

 

[dawnball]

My old supervisor had us reporting our overtime wrong. Going back since March 2011, they owe me about $1000. This was found September 10.
...

October 28, my manager and I sit down, I redo them all on my computer, she signs them and off they go back to HR.

How many people are affected by the reporting error? It looks like it took you and your supervisors a month and a half to sort out your timesheets and get them corrected. The controller is likely going through every affected or potentially affected timesheet in every pay period. They're looking for someone who was missed, because this is enough of a big deal you don't want to do it twice. They're also looking for fraud, because some people will take advantage of the situation. Employees who've left have to be located and convinced to go over their time sheets or waive any underpayment. Any errors that they find in someone's re-submissions have to be addressed. All of the regular work needs to get done too.

I've been involved in a situation similar to this, and there was an awful lot of paperwork and spreadsheets at the HR end. Getting the accounting right was a nightmare - we weren't shirking or trying to hold onto the money, just trying to get things right. If you're talking about a lot of people being affected, everyone getting partial payments is more fair than a few people getting full payment every month.

I'm not saying that I wouldn't be annoyed and frustrated - just that if you have a lot of employees affected that it's a much bigger problem to solve than if it's just one person's time sheets.