Can they really take money off me??

[HinnyPet]

Cutting a long story short, I worked from home for a holiday company.

I have recently left the company due to various HR issues and me being way more interested in my two wonderful kids.

We get paid commission 45 days before client due to travel. My fab clients went to Oz in Sept, spent £8k on trip of a lifetime and the comms on that trip for me were v good. Now Head Office just sent me a snotty letter written in red ink saying they have overpaid me and they are demanding £75 back by return of post. Clients have been back a month!!

Am I wrong in thinking they can go and whistle for it?? Problem is that I have future commissions in my "pot" that I'm still due to be paid and HO will no doubt take it out of there, but do you agree with me that it's frigging unfair??

If they've made an error they're entitled to ask for it back but I'd expect them to deduct it from any future payments due.

However, if they didn't have any future payments to make then they could only recover it via court proceedings and most companies won't bother for £75.

Why do you think it's unfair? Have I missed something?

I'm thinking it's unfair because they paid me my comission weeks ago, it was all worked out by them (not me) on their system, printed out in their black ink! and on a payslip! ... and then 8 weeks later (after I left) they decided that they paid me too much and they want it back.

Am just thinking that it's their mistake, not mine, they paid me what they were supposed to and I just think it's rather a co-incidence that they want it back now I have left. They got 40% of my earnings as it was, I think they have had enough from me

If they overpaid you they are entitled to it back. If you are still on the payroll it's strange they are not writing to say it will be deducted from the next payment you will be made, but if it's an overpayment, there's nothing wrong, unfair or 'coincidental' in them wanting it back. If they've paid you more than you are entitled to they'd want it back regardless of whether you still worked there.

It's not clear whether you accept that you were paid too much - you say it was 'their mistake' but then say they paid you what they were supposed to. If you don't agree with their calculations, you should write to them as soon as possible explaining that. If you accept that you were overpaid you could either send them a cheque for the excess as requested, or you could refuse to do so and wait and see whether it will be deducted from your next payment. If you decide to refuse to pay you should bear in mind whether or not you might need them for a reference in future.

I understand you left not happy with the company and issues you had there, but if the contractual arrangement you had with them was that you were paid 60% of the income you generated for the company or similar, I don't think you can really complain about that after the event or use it as justification for not paying back an overpayment.

Assuming it was an overpayment, I'd be inclined to send a cheque as requested, ensure you are aware of exactly how much commission you are still owed so that you can make sure future payments are correct, and then focus on the fact that you are out of a job you were unhappy with and can look forward to what's next.

I would send a letter back - a very polite letter - stating that as they made a mistake they can very kindly take the money that has been overpaid in error out from the future commisions and that they will be understanding that this is why the parting of company has taken place due to these errors occuring - wishing them the best for the future and less mistakes for 2011.

Lol at Ivykaty - that wording is spot on!

I think I haven't made myself clear a bit... their system told me how much commission I was due on that certain booking, it showed that amount for months, and I was paid exactly that amount. What p's me off is that now I've left they have decided I owe them money! But I appreciate your comments, I know what you mean. We just came home from our hols to this red ink letter demanding payment and it's annoyed me.