Anyone been in a situation like this before - SuperiorMuscle.com

phatchopper · #1 04-04-06, 05:11 PM

Okay so my company gives me a bonus for like $6300, i wasnt expecting it so when it came it was a surprise but I really needed the money so I cash the checks pay of some bills and am really happy. Well the next week the director calls me in her office and starts throwing a fit and saying that I am not eligible for that type of money and get the HR guy on the phone and starts asking me how I spent it and all kinds of crap like that. Well he says I have to pay it back and they will work with me on how I can do that. Well about an hour later they call me in again and this time the director of operations is on the phone screaming at me telling me that I knew I shouldnt have gotten a bonus and all this shit and tells me that I have to bring a check on Monday for the full amount, and that I should "put my fucking bike on ebay because he knows its worth at least 20k" Oh and i spent all the money on my bills so I dont have anything left of that money. :nerdnew:

So I guess I'm just kind of curious since they sent me these checks with a letter explaining that they are sorry they are late and two checks with stubs on the top that match all my information and pay, can they really make me pay it back. It had to be approved from a number of people, its not a clerical error.

ROCKILLER · #2 04-04-06, 05:26 PM

you should call a lawyer before you do anything. it may cost you a couple hundred (the office I work in charges $290/hour) but its better than giving it back. I wouldnt give it back without a fight.can they explain why they made a mistake. have you gotten bonuses before. If you ended up in court it would probably come down to "would the reasonable person in your situation have had reason to think that there was a mistake."

phatchopper · #3 04-04-06, 05:29 PM

No I have never gotten a bonus before, but as I said there was a letter accompanying the checks stating they were sorry for the confusion and that they had to withdraw the money from account because the direct deposit was incorrect and they are giving me two live checks.

ROCKILLER · #4 04-04-06, 05:40 PM

Did the give you a reason as to why they gave you the checks, were they meant for someone else? did they just get the name wrong? It seems like they probably did make a mistake. Is this a good job thats worth maybe getting $6,000 over. emphasis on the maybe. I would try to work something out with them. maybe have them take out 50 a week from your checks since you dont have the money any more.

jwoody · #5 04-04-06, 05:43 PM

Without getting too personal do you work for Siemens Medical Solutions. The reason I ask is a friend of mine does and this Bullshit just happend there. He luckily was suppose to get his, but I know people he knew had to give it back. They said it was some accounting error. Well fuck your accounting error. You should get to keep your bonus. It isn't like the company is gonna go banrupt or anything because of this. I think it is complete crap if you cant tell.

rude · #6 04-04-06, 05:47 PM

Get a lawyer and dont pay back the money, its their fault not yours. Would anyone get a check for 6300 and says maybe they messed up take back all this money please.

phatchopper · #7 04-04-06, 05:48 PM

Quote:

Originally Posted by jwoody

Without getting too personal do you work for Siemens Medical Solutions. The reason I ask is a friend of mine does and this Bullshit just happend there. He luckily was suppose to get his, but I know people he knew had to give it back. They said it was some accounting error. Well fuck your accounting error. You should get to keep your bonus. It isn't like the company is gonna go banrupt or anything because of this. I think it is complete crap if you cant tell.

No I work for another bullshit corporate stupid cubicle land company. There were no errors on the checks or anything like that either I just got them they even had the correct sick days and everything. I am trying to get another job so what I'll probably do is just tell them they can take a hundred bucks from each check and just be sure not to sign anything and then when I find a new job ( I have and interview for a sweet job this Friday) then I can just tell them to blow me. Fucking suits, I hate em

jwoody · #8 04-04-06, 05:48 PM

Quote:

Originally Posted by rude

Get a lawyer and dont pay back the money, its their fault not yours. Would anyone get a check for 6300 and says maybe they messed up take back all this money please.

:bravonew:

my point exactly

jwoody · #9 04-04-06, 05:49 PM

Quote:

Originally Posted by phatchopper

No I work for another bullshit corporate stupid cubicle land company. There were no errors on the checks or anything like that either I just got them they even had the correct sick days and everything. I am trying to get another job so what I'll probably do is just tell them they can take a hundred bucks from each check and just be sure not to sign anything and then when I find a new job ( I have and interview for a sweet job this Friday) then I can just tell them to blow me. Fucking suits, I hate em

Thats a plan... just like you said don't sign anything

mindstar · #10 04-04-06, 07:30 PM

the reason they're pissed is because it's going to come off of their asses if you refuse to pay it back...tell them than their rudeness is the real reason you're keeping it and to go fuck themselves. then look for other work

**Shibby** · #11 04-04-06, 07:48 PM

What you do need to think about is if your job is worth keeping it. They may find any reason to fire you if you don't. That's assuming your in a state where they need a reason.

ROCKILLER · #12 04-04-06, 07:49 PM

depending on the size of this company and how much you piss them off they may find that it is worth it to sue you but probably not. It just wont be worth the trouble but you never know. I am at school now and I ran the situation by some of my classmates and we pretty much came to the conclusion that they would win a judgement to get the money back, but then they would also have to collect which can be a whole lot of trouble too.

**Shibby** · #13 04-04-06, 07:54 PM

I agree for that amount they are not going to probably bother to sue you. Like Rockiller said his lawer is $290/hr. That's only a few days work for a lawer. On top of that you could call the ACLU just to give the company a head ache.

hlcn8 · #14 04-04-06, 11:20 PM

i've seen a couple of situations like this before, and you have a LOT of factors to take into account over the next few days...
first of all, if they gave you a bonus check and you felt it was legitimate for your performance (i.e. had no serious disciplinary action to indicate otherwise), they can still potentially reason for it back. however, they can't just say "we'll stop giving you paychecks for 2 months," it has to be a reasonable amount per paycheck and if they try to charge you more without justification you have grounds to find a good lawyer and receive damages.
Needless to say, if you go this route, or any other hardball route, they'll make your life miserable and watch you with a magnifying glass.
your other hardball option is to find a decent lawyer and make sure it's worth more than your bonus to fight it legally, again they'll try to fuck you, but they'd relent if it's too expensive to pursue.
If you're trying to find another job before they can collect, keep in mind that when legally justified they can still collect from you later, and if you do it outside of legal means they can even charge interest.
from all accounts it sounds like it was a fuckup on their part and they're trying to cover their asses (meaning their asses are in deep shit) by saying things to the effect of "sell your bike." these sorts of comments can be used later in a legal setting and so any documentation of this sort that you can save is to your advantage. save e-mails to a separate disk, ask for any negotiating terms in writing, etc.
overall, it sounds like this isn't the type of company you want to be working for, and for that matter that anyone would want to. it sounds like your mind is made up to seek alternative employment. if you want to keep your job and pay it back then so be it, but if you want another job and know they fucked up than why not make them pay for it for being assholes about it. if you go quietly they'll make you pay, and at worse if you don't go quietly you might still have to pay. i say, MAKE THEM PAY, regardless. find another job quick while you work this out, and before you do anything else, including finding another job, get some serious legal council as the laws pertaining to this vary by state, district, etc. a lawyer can tell you a whole lot more than we can, and when most consultations are free, it won't hurt you financially to figure out your standings.
that said, while you research this out, let them know you're doing so. remain neutral and say something to the effect of "i'm not sure what to do right now, i feel as though i might have been wronged and so i'm seeking appropriate council and advice." that will not only put them on edge, but also prevent them from attempting to bully you. as things stand it's looking as though they're trying to bully and pressure you into acting now without having all your ducks in a row. don't make rash decisions, and don't state anything rash (i know i'd have probably wanted to send an e-mail by this point saying "go fuck yourselves," but it's something they could use later in court"). play it right, use legal council, and explore your options.

and lastly, now that i'm pissed off for you, let us know how this all turns out. I want to know if you get to fuck them for this! hopefully their fuckup will lead to the firing of the same person who's trying to fuck you!

phatchopper · #15 04-05-06, 10:23 AM

thanks alot for all the advice and I'm going to talk to legal council and try to get a better idea of where I stand. I will definitely keep you guys informed and let you know how everything turns out. I'm already sick of dealing with this. I think I'm just going to let them take a hundred bucks out of each check but make sure the only thing I'm signing is going to say that they can take 100 out of each paycheck until the money is paid back WHILE EMPLOYED WITH THIS COMPANY, because if I sign anything else they will just take the paperwork that says I'm going to pay them back and then fire me. I know how shady these people are.

ROCKETW19 · #16 04-05-06, 11:06 AM

i see it a lil different maybe cuzz im old. but if the money isnt yours they made a mistake give it back. what if you gave me 6k on a mistake wouldnt it be right for me to give it back. but i do agree that you should be able to pay it back how ever you want. like 100 bucks a check or what ever. and i do agree if they dont wanna work with you and start threating you tell them to fuck off. but if there cool its only right to give it back.

phatchopper · #17 04-05-06, 03:00 PM

Quote:

Originally Posted by ROCKETW19

i see it a lil different maybe cuzz im old. but if the money isnt yours they made a mistake give it back. what if you gave me 6k on a mistake wouldnt it be right for me to give it back. but i do agree that you should be able to pay it back how ever you want. like 100 bucks a check or what ever. and i do agree if they dont wanna work with you and start threating you tell them to fuck off. but if there cool its only right to give it back.

agreed, as long as they treat me with respect i will do the same