Overpaid

Discussion in 'UPS Union Issues' started by ThatsLogistics, Jul 3, 2015.

  1. ThatsLogistics

    ThatsLogistics New Member

    Hello I was paid the wrong rate for about a month. I notified management and payroll about this multiple times and have written evidence of them saying that my pay was correct. Fast forward a month and now they are saying that I was overpaid and that they were wrong and want me to pay back all of the money. Is there any way to fight this or do I just have to pay back the money even though they made the mistake?
     
  2. Turdferguson

    Turdferguson Guest

    If you have written proof that you notified them then there is a time limit for them to go back and collect it. I do not have the contact with me but it is in there.
     
  3. Turdferguson

    Turdferguson Guest

    Article 17 states that your responsibility ends 5 working days after written notification is given to UPS.
     
  4. ThatsLogistics

    ThatsLogistics New Member

    Thanks TD, so I shouldn't have to pay back anything since I have payroll verifying that it is correct?
     
  5. Dave m 952

    Dave m 952 New Member

    The contract reads that if you notify management in writing (verbal is ok) of any overpayment that your liability ends after 5 days. Don't sign anything that allows them to take any monies. Even it was only verbal argue that you informed them of the overpayment. Contractual wages are minimums don't let them claw back if you brought it to their attention. Your case is STRONG don't give in.
     
  6. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    We have the right to request payroll corrections up to 90 days.

    I would think the company has the same right.

    Are the overages significant? Most of the time if they are not the company will not pursue it.
     
  7. thecamel

    thecamel Waiting to put the re in front of tired

    Our center manager and supes (even the part time supes) have finally stopped telling us drivers that we we are all overpaid. Wonder if they are trying to change attitudes in our facility? BTW, still waiting for them to come and ask for the company's money back. STILL WAITING. Hello? Crickets....
     
    Last edited: Jul 4, 2015
  8. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    You need to check your supplement under "maintenance of standards".

    Generally, either party can go back 90 days to recoup on a loss.


    Almost.


    "When an employee notifies the Employer in writing of any ongoing overpayment, the employee’s increasing liability will cease five (5) working days after the date of the written notification. The notification shall be provided to the employee’s immediate supervisor or manager."

    http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf


    5 days after written notice is served....

    Is when any further (employee) liability ends.

    He could still be responsible for any previous amount.


    Best thing to do is file a grievance.

    The company doesn't like being embarrassed, by payroll errors.



    -Bug-


    * Just to add.... *


    They should notify you in writing of the error, and their intent to collect.
     
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  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Bug, wouldn't you agree that they don't normally pursue minor overages?
     
  10. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Yep.

    I have seen them pass on $5000.00, because of a payroll error.

    The employee had no idea they were being overpaid.


    -Bug-
     
    Last edited: Jul 4, 2015
  11. DOK

    DOK Active Member

    $5,000 minor? My bank account isn't set up that way...
     
  12. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    ....nor would you be expected to pay it all back in one shot.
     
  13. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Just a little background on this;

    It involved a (pre-82) red circled pkg car driver, that bid back inside....

    And jumped between 22.2 and 22.3 jobs, several times.


    It got very convoluted, and was a nightmare to unravel.

    The reason the company passed on trying to collect any overage, it was a payroll

    dept glitch and no fault of the employee. Things happen.



    -Bug-
     
  14. MobileBA

    MobileBA Member

    You will have to pay them if they notify you within 90 days of the over payment. they can't just get it back with out your consent, usually there are terms. keep in mind you can make them file a grievance to collect the over payment. usually this is the better route because then they will have to provide documentation and you and your business agent can look over it. an issue that I've experienced with over payments is the tax and 401k deductions. id make them eat the taxes.
     
  15. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    And, how many members didn't realize..... the company could file a grievance ?


    Most of the "vote no page".


    Pfft.
     
  16. Bubblehead

    Bubblehead My Senior Picture

    If the overage involves a vacation, they can go back 12 months?
     
  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt

  18. Bagels

    Bagels Family Leave Fridays!!!

    last year I took a vacation the week we received our raise... the entire week was paid at the increased rate when only a couple days should've been... Ups spent like 3 notices to recover those few bucks.... So they do chase small amounts sometimes
     
  19. Bubblehead

    Bubblehead My Senior Picture

  20. Bubblehead

    Bubblehead My Senior Picture

    I wonder if this that deadlocked case out of Local 348?