North Carolina Letter regarding Wage Statement

State:
Multi-State
Control #:
US-PI-0010
Format:
Word; 
Rich Text
Instant download

Description

This form is intended for use by the attorney to obtain cetified information from the client's employer regarding the client's employment and wage history.

How to fill out Letter Regarding Wage Statement?

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FAQ

A bona fide employer error that results in an overpayment of wages to an employee is also considered a ?pre-payment? of wages and may be recouped from subsequent wages without regard to the deduction requirements.

The general rule is that if an employer has overpaid an employee, the overpayment of wages should be repaid even if the mistake was the employer's. In other words, the employer is legally entitled to recover any salary overpayment from the employee.

For example, North Carolina's statute simply says, ?Furnish each employee with an itemized statement of deductions made from that employee's wages under G.S. 95-25.8 for each pay period such deductions are made.?

The employer should talk to the employee first and agree how the money will be paid back. For example, if the employer recently made a simple overpayment, they could let the employee know that they'll deduct it from the next pay. They could also agree to pay the money back a different way, for example by bank transfer.

NC law § 95-25.13 requires, at time of hire, written notification of promised wages, day, and place of payment for all employees.

In general, if you have been overpaid, you should inform your employer and decide the best course of action for repayment. Overpayments may be offset by future wages or salaries owed to an employee by the employer. However, deductions must be agreed to by both parties.

North Carolina Industrial Commission Form 22 is the Statement of Days Worked and Earnings of Injured Employee. This form contains a table wherein the hours worked and wages earned over the 52 weeks prior to the employee's injury are recorded.

All overpayments must be repaid to the Division of Employment Security. To avoid collections, you must repay your overpayment balance in full. If you cannot repay the balance in full, you may enter into a payment agreement with DES.

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North Carolina Letter regarding Wage Statement