Posted by MarkB_MI on April 16, 2014 at 02:57:14 from (174.228.197.251):
In Reply to: over paid posted by brandon j on April 15, 2014 at 18:18:51:
Is she an actual employee, or a "contractor"? That is, are her earnings reported on a W-2 or on a 1099? I think it matters in this case.
If she is an actual employee of the company and they want her to give back pay, she can get your state's department of labor involved and that will probably be the end of the matter. But if she's a contractor, now it's no longer an employer/employee matter but rather a dispute between two businesses. Say you sell 1000 do-hickeys to a customer for $10 each, and they come back later say they think they should have only paid $9 each. It's up to you to decide whether to refund them a thousand bucks or tell them to pound sand. You might give them a refund just to keep their business. Same thing with your wife: Will she be ahead to give them back the money so she can keep her job AT REDUCED FUTURE PAY? Or is she better off to say "thank you, but I'll keep MY money" and start looking for another job?
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