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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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I started work for a company on 7 jan 2013 but left on 24 jan

Customer Question

I started work for a company on 7 jan 2013 but left on 24 jan 2013 due to finding a more suitable role closer to home. They have not taken this well as they paid me for the month which I didn't realise on 23rd jan a week earlier than I assumed.
They have written to me asking for the entire months salary (£3750 before tax)
I netted £3331 after tax which I believe was low I think due to not being taxed enough!
I am happy to pay back one week which I didn't work (24-31st jan) as that seems fair given I didn't realise they would pay me early. But can they ask for the whole amount paid given I actually worked!?
Also should I deduct expenses and holiday accrued which doesn't add up to much but is stated in my contract?
My contract states I can leave with no notice if I have worked under one month

I'm very worried so would appreciate some advice

Thanks

Jeni
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
thanks for your question. It sounds as if they are "trying it on" .If you are in compliance with your contract and not required to give notice then they have no basis for claiming back your pay for the period you worked. You should refund to them only the unenarned amount and write making it clear that you are entitled to be paid for the time you worked.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience: Solicitor with more than 30 years experience
Senior Partner and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. Can they put the fact that they overpaid me and I owe them money in a reference? I have a new job and am worried they may mention it?

Expert:  Senior Partner replied 3 years ago.
They can put whatever they want in a reference but if it is false or malicious you could sue them for defamation. i cannot imagine an employer will be too concnerend about the views of an employer for 3 weeks. If you refund the overpayment they have nothing to compaln about.
Customer: replied 3 years ago.

Thank you I was going to pay back £1000 in 3 equal instalments, does this seem fair?

Expert:  Senior Partner replied 3 years ago.
Not really if you were paid money you had not earned you should pay it all back straight away. £1000 sounds to much I would divide the months pay by the number of working days and refund the number of working days you missed.
Customer: replied 3 years ago.

Thanks I understand that. I calculated I owed them one week which equates to £1000 but cannot afford to pay that straight out which is why I was going to offer three payments over three months. Does that make sense?

Expert:  Senior Partner replied 3 years ago.
Yes. You can certainly try. It is probably not worth their while to sue you if you offer to pay it back
Expert:  Senior Partner replied 3 years ago.
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