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Here’s the law
They are way past 8 weeks
a) Timing and duration. The employer may only recover such overpayments as were made in the eight weeks prior to the issuance of the notice described in subdivision (e) of this section. The employer may make deductions to recover overpayments for a period of six years from the original overpayment.
https://www.law.cornell.edu/regulations/new-york/12-NYCRR-195-5.1
Sigh. No. Publicis1 is misreading it. On a different thread they were doing the same thing… I guess they want to be proven wrong twice. Yes, you’re beyond the eight weeks where they mandatory can just garner wages… but what they do have is up to six years to try and coerce you into a payment plan and this also includes taking you to civil court. That’s what the link refers to. You can play hardball and maybe they’ll give up, but you do realize finance and hr are bedfellows… if you are making too much of a noise, find out who may get cut when they next lose a client. It’s a game I wouldn’t play.
If you are in the US you owe that money back. Depending on what state, there may be a statue of limitation, but 15 months wouldn’t be long enough. Also depending on what state, they can potentially hold it from your paycheck to recoup. If it’s going to create a burden I’d suggest asking to pay it back in installments. Good luck and hopefully they will be accommodating!
My guess would be that you don't really have much of a choice. Perhaps you could see if you could pay if back in installments to lessen the shock of it. I imagine you could try to dispute it, but if it's obvious that you were reimbursed twice that may not work.
They messed up you legally do NOT have to pay it back. My old boss got a double paycheck once and they asked for it back months later. She got to keep it
The bigger question is, did the OP notice that she got two exact same deposits for the same amount? Bonus or not, it wouldn't be the same amount to the penny. There is no question that you owe the money to the agency. Further, they don't need to ask; they have your DD information, and they will simply debit it from your account. It is not your money. If you raise hell over it, you will simply be fired for cause (Theft), and good luck with any recourse or trying to get unemployment. You had no right to spend that money, and if it was something that was noticed when you reconciled your account (if anyone does that anymore), you should have flagged it with accounting at that time. A responsible and diligent employee would raise the issue with their manager or the finance dept.
You will need to re-pay it. As others have said, ask if you can pay in instalments to ease the pain.
This is their error, sure, but it should also be a flag to look with more care at your accounting, funds going in and out. You must pay it back and hiring a lawyer for one paycheck’s worth is ridiculous, it’s going to cost you probably much more and for what. And I’m not knocking whatever that amount was, just saying. If you can’t afford to pay it back at once maybe they can reduce your incoming paychecks for a certain period of time until it’s paid off. It will be fine, just be honest and say you have every intention of paying it back but how can they find a way that works. Also by the way, having spent some time with lawyers, it’s not unimportant to document this good intention, which shows good will.
How much is the amount?
You don’t need to repay it don’t listen to these corporate stooges.
Happened to me once. Caught it immediately. Yeah, I’m old school who balances their checkbook weekly. You have to pay it back or say goodbye to your career in the ad biz.