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Suhas sharma (Professional )     18 January 2020

Repayment of claimed excess payment by employer

I was offered salary by my current employer.  I declined the offer asking for reconsideration of compensation. I was offered a counter offer with very good hike . Same was paid for more than 2 years now my employer claiming I was overpaid , offer was made due typographical mistake . And asking me refund the amount asap else they will take legal action against me. Claim amount is huge I am not position to refund it . Can you please suggest me what are available options for me.



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 4 Replies

G.L.N. Prasad (Retired employee.)     19 January 2020

You have to consider further  pros and cons in case of trouble from employer.  A prudent employee makes a humble submission in writing to create a record stating that the demand is not proper and justified, and when the employer takes further steps through court represents the same in Court.  

P. Venu (Advocate)     20 January 2020

What do you mean by   "I was offered salary by my current employer.  I declined the offer asking for reconsideration of compensation. I was offered a counter offer with very good hike . Same was paid for more than 2 years"?

 

Suhas sharma (Professional )     21 January 2020

Before joining initially offer was made and I didn't like it and informed hr I can't join at given salary followed this he offered me revised salary that was good and accepted the revised offer . Now they are cliaming initial offer was the actual one and revised offer is not valid as it is made due some error. I hope I clarified your query please let me know if you have further questions.

T. Kalaiselvan, Advocate (Advocate)     28 January 2020

They have paid you more than what you are due for the last two years, however what is the proof for this allegation made by the employer?

You may refuse to return the alleged excess paid amount that whatever paid to you was as per the agreement in the offer letter and there was no excess payment made to you.

If they go to court it may not be maintainable or you can challenge their claim properly and get their case dismissed because they have no merits in their claim until and unless it was erroneously paid 


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