where should I file a complaint on my employee

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where should I file a complaint on my employee

My employee was accidentally overpaid via direct deposit on 5/4/18. The error and correction are in motion via ADP payroll company. When I contacted my employee to make her aware that the sizable overpayment will be withdrawn tomorrow and to be sure that the funds are there and available. She stated that they were gone. I then asked her to write a check for the amount and bring it to the office by this Friday. She stated that she won’t have it then either. I then made her aware that she had to notice that she received 2 pays for the payroll period. Her normal pay of 181.50 and the gross overpayment of $1009.57. She stated that it was our mistake. Which is correct. I informed her that if the money is not returned that it is considered theft and that it has to be returned. she again stated it was our fault. I informed her that we do have a period in which we can make corrections to mistakes. She still offered no initiative to return the money and with great animosity. Can I file a criminal and civil complaint?

Asked on May 9, 2018 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is questionable about whether you can file a criminal complaint given the genesis of this situation in your mistake: since she did not affirmatively steal the money, the authorities would likely consider this a "civil" dispute between the two of you. You can however sue her for the money, and that is how you would get it back. A mistake does not entitle her to keep it; if you can show in court what she should have been paid, you can recover any overpayment.


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