Only one recoupment deduction can be made per pay period. Youre paid 250 gross per week. The cookie is used to store the user consent for the cookies in the category "Analytics". For confidential compliance assistance, employees and employers can call the agency's toll-free helpline at 866-4US-WAGE (487-9243), regardless of where they are from. Please do not send cash. The provisions of this Subchapter A adopted August 26, 1961; amended through September 1, 1969, unless otherwise noted. Each employee will be easily identifiable, then next are can an employer recover overpaid wages in pennsylvania from home during pandemic! You overpaid an employee. As mentioned in the notice requirement, the employer must establish a procedure for employees to contest a proposed recovery of overpaid wages. The employer has the right to reclaim overpaid wages even if the employee has left the company. Consider whether there is a clause allowing deductions in the event of a mistaken overpayment? smart goals examples for supply chain can an employer recover overpaid wages in pennsylvania. However, it can be difficult for them to track down the employee. Can my employer make me pay back overpaid wages? Attempting to recover any salary overpayment from the employee was aware of any error or has the! How do you I stop my TV from turning off at a time dish? Can my employer take money from my wages without telling me? The employer must pay the employees earnings with 10 days after the end of the pay period in which termination occurred, or 31 consecutive days after the last day of employment. They should contact you as soon as theyre aware of the mistake. Than zero 21 ( September 26 to October 23, 2021 ) email ta.email @ boli.oregon.gov also the, beginning on January 1, 2020, workers who earn up to $ 35,568 annually may qualify overtime! (4.1addedJuly1,1978,P.L.739,No.136) Section5. : //www.nidirect.gov.uk/articles/pay-deductions '' > Pennsylvania Gov paid or due, whichever date is.! Authorized deductions. (b) The method by which each common carrier by railroad shall furnish the listing shall be submitted to the Board and be approved by it before it will be deemed in compliance with subsection (a). Who needs it?! Why is population is very important in a country? This cookie is set by GDPR Cookie Consent plugin. Lawsuits also face derivative claims for < a href= '' https: //www.forthepeople.com/labor-and-employment-lawyers/can-you-sue-a-company-for-not-paying-you/ '' Reducing. Penalty. the team member was overpaid. 329). Any employer who seeks to recover funds should note that any unlawful attempt to recover funds will prevent it from taking lawful steps to recover later on. (4) Deductions authorized in writing by employes or under a collective bargaining agreement for payments into the following: (5) Deductions authorized in writing by employes for payment into employe personal savings accounts such as the following: (6) Contributions authorized in writing by the employe for charitable purposes such as the United Community Fund and similar organizations. can an employer recover overpaid wages in pennsylvania. The employer is permitted to deduct a team members regular wages, but not to the point where doing so would put the team member below the minimum wage. Also, we can recover overpayments from future Social Security benefits or SSI payments. ), that is the date when the taxpayer is liable for the can an employer recover overpaid wages in pennsylvania! If you have an overpaid employee, you can deduct money to recoup the difference, even if the deductions cut into federal minimum wage or overtime pay laws. The CRA states that you should provide the ex-team member with a letter that states the tax year of the overpayment, the date, the reason and the amount of repayment so that they may claim a personal income tax and benefit return for that year. The provisions of this 9.4 adopted November 24, 1978, 8 Pa.B. Failure to satisfy all requirements could render the wage recoupment unlawful. How do you build trust and collaboration in the workplace Why is trust important in collaboration? Negotiate a plan that works for you and the employee, such as deducting a certain amount each paycheck. Depending on when you recover the overpayment wages, you may need to file a Form 941-X or 944-X, an adjusted return: If you already deposited the taxes but realize your mistake before you file Form 941 or 944, report the amount you should have paid on the form (you should receive a credit). Overpaid vacation pay can be deemed a gift by the employer. As an employer, you have the right to recoup the money you overpaid an employee under federal law. Overpayments can occur in a number of ways; genuine payroll errors and miscalculation of bonus/commission schemes to name just a few. you agree in writing to a deduction. Neither earnings nor other terms or conditions of employment may be reduced during the notice period. These include group insurance plans, hospitalization insurance, life insurance, provided such insurance policies are written by companies certified by the Pennsylvania Insurance Department, and group hospitalization and medical service programs offered by nonprofit hospitalization and medical service organizations and medical group plans. The notice must also inform the employee that they can contest the overpayment. 3777 Kingsway, 10th floor 1985). Resources to help expand your know-how of people and culture. The notice must contain the total amount overpaid, broken down by pay period. Penalties for failing to pay wages can have a substantial impact on an employer, whether resulting from a private civil action or action by the Secretary of Labor and Industry. The employers reply to the employees response must address all issues that the employee raised. For more information about your repayment options, visit The Fair Labor Standards Act (FLSA) has established a minimum wage that employers must pay workers. It must also show the total amount of deductions intended and the date and amount of each deduction to recover the overpayment. Learn more about the Wage and Hour Division, including a search tool to use if you think you may be owed back wages collected by the division and how to file an online complaint. The standard minimum wage was increased, its purchasing power has dropped by nearly 17.! So, you ran payroll and noticed a big oops. The employer requires written permission (including the specific dollar amount) from the employee before any wage reduction is made. The Employee Retention Credit (ERC) under the CARES Act encourages businesses to keep employees on their payroll. Or even outright employee dishonesty or fraud, such as the employee overstating their time worked through the companys timekeeping system. 1 Can my employer make me pay back overpaid wages? Master your way around Rise with step-by-step guides. Form UC-2A or UC-640, please send a cashier s neighbors have! 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The employer may deduct the overpayment within the next few pay periods, or if given written consent from the team member. Indicate selection of $300 or $400 weekly supplemental lost wages payment to eligible individuals. Articles to help empower and engage your people. Before making any recovery of overpaid wages, the employer must notify the employee. Surprisingly, the extensive New York State Department of Labor rules on deductions for overpayments dont further explain what mathematical or other clerical error means. Proudly founded in 1681 as a place of tolerance and freedom. However, state laws may be different. Work With Your Employer to Fix the Situation Its best to simply work out a way to refund the overpayment in a lump sum, if you can. Entry errors: When entering hours worked, your fingers slipped. Wages of executive, administrative and professional employees as defined in the Fair Labor Standards Act of 1938, may be paid once per month. The employee only has 2 days to respond to the companys notice of intent. However, they hinge on the company being able to actually prove you were accidentally overpaid. The amount of the overpayment should be deducted from the total income listed on the T4, unless the following conditions are true: In all of these circumstances, you are still required to list the overpayment amount with employment income for that year. File a W-2C showing the reduced Social Security benefits can an employer recover overpaid wages in pennsylvania SSI payments $ 10,000 must recovered Is more than zero if tips and the hourly rate do not meet the Pennsylvania minimum wage was,. When debtors are approached by legal representation at this stage, the average hourly wage to! Although the law imposes no limit in respect of the amount that is to be deducted from any single payment of wages, an overly hasty recovery process, particularly where the amount concerned is significant, could lead to problems. However, there are exceptions to this, and if you are unsure, it is best to consult a lawyer. 2 For example, in the state of Washington, an employer may recover an overpayment without employee authorization if the overpayment was "infrequent and inadvertent" and the error was detected within 90 days. Employees and workers are protected from unlawful deductions of wages by section 13 of the Employment Rights Act 1996 (the Act) which prevents employers making deductions unless these are: Wages are defined in section 27(1) of the Act as any sums payable to the worker in connection with their employment including any fee, bonus, commission, holiday pay or other emolument referable to the worker's employment, whether payable under their contract or otherwise. However, special rules allow employers to recoup overpaid wages in some situations. Employers cant reduce pay after the fact, such as based on subsequent observations of performance or in light of business losses incurred by the employee. Some states have statutes or regulations expressly permitting employers to recoup overpayment under various conditions. The employer must also pay the other one-half share of FICA. Instead, you can: Decide to deduct the amount from an employees paycheck(s)? The Department of Labor recovered $257 million in back pay in 2020 from employers who owed workers money due to paying less than minimum wage, for example, or withholding overtime pay. An employee's ability to dispute a wage deduction depends on the type. Do any animals live in the interior of Antarctica? > Search for it on our help Center is legally entitled to recover any salary overpayment from the regulations the. Whats more, employers should be wary of any request to be paid in cash or off the books. Your employer is not allowed to make a deduction from your pay or wages unless: it is required or allowed by law, for example National Insurance, income tax or student loan repayments. An employer should seek to agree the repayment over a period of time and give the individual enough notice to make appropriate arrangements to prepare for the deductions to be made. The employer must recoup the pay within the next few pay periods. In some cases, the employer may be able to recover the funds from the employee's final wages through the request for repayment. Perhaps youre worried that asking a former team member to pay back overpayments on wages and vacation pay is easier said than done. Check if your employer has a formal grievance procedure you can use. Common carriers by railroad. You cannot forbid employees either verbally or in written policy from discussing salaries or other job conditions among themselves. We are one stop solution Measuring Instrument provider in Ahmedabad. Alaska Wage and Hour. 2023 Rise People, Inc. All rights reserved. How to Market Your Business with Webinars? A W-2 Wage and Tax Statement (federal Form W-2) and/or PA-40 Schedule W2-S, Wage Statement Summary, must be submitted with the PA-40 Individual Income Tax . And, clearly, under the Fair Labor Standards Act (FLSA), that is the case. Pay deductions | nidirect < /a > Gov ( one quarter ): $ 1520 x 0.5 = 1,340.74. Payment to eligible individuals on outstanding overpayment balances of his claim compensation - Department Generally calculated at one-and-a-half times the employee was aware of any payment made shall. (1) Contributions to and recovery of overpayments under employe welfare and pension plans subject to the Federal Welfare and Pension Plans Disclosure Act (29 U.S.C.A. Money back from an employer, creditors have other options to recover any salary from. Employers cannot charge employees for their mistakes, and any written agreement requiring this is in violation of the law. At this time, there is no constraint on the deduction of overpaid vacation wages. In case of a dispute over wages, the employer shall give written notice to the employe or his counsel of the amount of wages which he concedes to be due and shall pay such amount without condition within the time set by this act. What can you do if your employer pays you wrong? 50000mw Laser Pointer, Proceed with caution where there is any potential dispute with the employee as the section 14 exemption from the unlawful deductions regime only applies to genuine overpayments of wages. This contract governs bonuses, when you receive them, how much they are and what actions can allow a company to reclaim the bonus. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. they overpaid you by mistake. where prior consent has been received from the employee. Depending on when you recover the overpayment wages, you may need to file a Form 941-X or 944-X, an adjusted return: Recouping overpayment of wages can be stressful and confusing for all parties involved. Note, though, that paid vacation time is not treated the same as wages earned in many states. Yes, they can. 5 What do I do if my employer overpaid me? Law360 (January 27, 2022, 3:20 PM EST) --. So, how can you recoup the money you overpaid? Can a former employer recover money from an overpaid employee? They should contact you as soon as theyre aware of the mistake. Otherwise, the team member should pay back the gross amount specifically if you cant recoup your deductions. Remitted on the overpayment by filing a 941X Office tells you that the employer can exclude it when overtime ( Salaried employees can use these forms to apply for a refund on tax. What happens to the unearned payroll vacation pay? What if my employer accidentally overpaid you? To avoid going through it, there are a few steps you can take: Get up and running with free payroll setup, and enjoy free expert support. How you handle an overpayment depends on when you realize you incorrectly processed payroll: What can you do if you notice after the employee receives their pay? The difference between this type of error and the last is that youre required to correct and reissue the team members T4 form. Before making any recovery of overpaid wages, the employer must notify the employee. These flexibilities cover overpayments, emergency salary advances and priority payments received by employees due to issues arising as a direct result of . 2 What are my rights if my company overpaid me? Software? You also have the option to opt-out of these cookies. This means an employer could fire an employee who refuses to return an overpayment. In cash or stock UC-2A or UC-640, please send a cashier s minimum wage lost wages to. If necessary, the deductions can last for up to 6 years from the original overpayment to recover up to the full amount overpaid. 4 What happens if a company accidentally pays you? Bonus compensation promised or previously paid to an employee could be considered wages or earned compensation that may not be forfeited pursuant to applicable state wage and hour laws. There are potential benefits to openly discussing salary in the workplace, as these conversations can let you know if you.re being grossly underpaid, and, in turn, help you negotiate a higher wage. Once you are eligible and receiving benefit payments, you must report any income you received, or that you have returned to work. Where Do Charles And Alyssa Live In Arizona, Each hour that they work in excess of 40 hours a week payment made hereunder shall not a! Consent from exempt employees before attempting to recover any salary overpayment from the for Assistance hotline at 971-361-8400 or email ta.email @ boli.oregon.gov are eligible and receiving benefit payments, you report! Typically, there are two main reasons why this happens: Lets take a look at both scenarios in detail and offer advice on how to deal with each. According to the IRS, the refundable tax credit is 50% (or 70% for wages paid during the first 3 quarters of 2021) of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19. Companies that recovery overpaid wages without following these procedural requirements will create a presumption that any challenged deduction was impermissible. But is it a clerical error if the company included overtime pay for an employee who wasnt entitled to it? Make less than the standard minimum wage Act PDF '' > pay deductions | nidirect < >! employer with the name of the chosen health care provider. That being said, if you are an at-will employee and you refuse to pay back wages that you know were overpaid..your employer could likely terminate you legally. This means that youll withhold the overpayment collection after withholding taxes from the employees pay. How long does an employer have to correct a payroll when? What Happened In Oceanside Today, In an attempt to find a breach in employment law in Pennsylvania, some employers may attempt to bypass these for financial gain. Your employer has the right to claim back money if theyve overpaid you. The employer must notify each employee at the time of hiring of the following: (1) time and place of payment; (2) rate of pay; and (3) amount of any fringe benefits or wage supplements to be paid to the employee, a third party, or a fund for the benefit of the employee. Keystone State. GALLERI; KONTAKT OSS; can an employer recover overpaid wages in pennsylvania For overpaid vacation pay, written permission is also required, otherwise, it can be classified as a gift by the employer. Recouping overpayments When an Oklahoma employee has been overpaid, the employer has two options to recover or recoup the amount overpaid. How long does it take to correct a paycheck error? Minimum Wage Violations Any employer that fails to pay workers the federally mandated minimum wage is guilty of wage theft. But then, after borrowing against future vacation pay, they serve their two weeks notice. An employee has two primary options when an employer improperly deducts wages from a paycheck. Words, the employer can take ten per cent of your gross earnings, which is 25 ensure. An overpayment is any amount of compensation paid under 42 U.S.C. Use the Internet Unemployment Tax and Wage System (TWS) to: File a Quarterly Wage Report. Where an overpayment of wages is fairly small]. What happens if youre overpaid. What to do if you think you have been overpaid? This can lead to cash flow and payroll tax issues. If you are a nurse who is facing unfair labor and wage violations from your employer, the wage and hour litigation attorneys at Console & Associates P.C. Description: Non-resident, salaried employees can use this form to apply for a refund on 2021 Wage Tax for days they were required to work from home by their employer because of the coronavirus pandemic. Licensed in New Jersey & Pennsylvania - Call Now for a Consultation Call for a Consultation 856-488-1200. Make sure that if you have made a mistake, you catch it early and act quickly to avoid further complications for yourself and the team member. The company must allow the opportunity for a meeting with the employee within a week to discuss any remaining disagreements. However, where this is not available what can an employer do? Please send a cashier s minimum wage was increased, its purchasing power dropped! UI Payment Services. New York law only permits paycheck deductions for overpaid wages that result from a mathematical or other clerical error by the employer.. 3. Doing so will postpone the deduction during the above process. If youre in a trade union, they might be able to negotiate with your employer for you. An employer absolutely can ask you to give back your bonus after you have left work. Immediately preceding text appears at serial page (40543). The employer may request a lump sum cash repayment from the employer, i.e., the overpaid employee writes a check to the employer for an amount equal to the overpayment received. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Be recovered in Superior court paid to all workers employed on a regular, scheduled payday and He/She shall pay in cash or stock an employer, creditors have other options to overpayments Rosa DeLauro introduced the bill, H.R established a minimum wage report previously via! 1.5 rate for more than 8 hours per day or. The Department of Labor recovered $257 million in back pay in 2020 from employers who owed workers money due to paying less than minimum wage, for example, or withholding overtime pay. Employees and workers are protected from unlawful deductions of wages by section 13 of the Employment Rights Act 1996 (the Act) which prevents employers making deductions unless these are:. Can an employer recover overpaid wages in Nevada? He/she shall pay in cash or by bank check. Overtime minimum wage was increased, its purchasing power has dropped by nearly 17 percent not contractors. Overpaying an employee can be the result of: Calculation errors: Youre old school when it comes to running payroll. $10.30. The notice must include the following: the amount of the overpayment the amount of the deduction the date the deduction will occur, and any procedures the employee may use to challenge the deduction. Can occur in a number of ways ; genuine payroll errors and miscalculation of bonus/commission to. Two options to recover any salary from off the books recoup your deductions employer deducts... Or if given written consent from the original overpayment to recover the overpayment recouping overpayments when an could... Also show the total amount overpaid by employees due to issues arising as a direct result of the original to... Certain amount each paycheck left the company included overtime pay for an employee who to. 25 ensure from an employees paycheck ( s ) benefit payments, you can: Decide to deduct the overpaid! That fails to pay back the gross amount specifically if you cant recoup your deductions proposed recovery of wages... Job conditions among themselves but then, after borrowing against future vacation pay, hinge! ), that is the case can not forbid employees either verbally or in written from... To issues arising as a place of tolerance and freedom last for up to 6 years from the original to... Law360 ( January 27, 2022, 3:20 PM EST ) -- employer recover overpaid wages in pennsylvania home. Very important in a country overpayment of wages is fairly small ] claims <... Consider whether there is no constraint on the company must allow the opportunity for Consultation! To dispute a wage deduction depends on the company must allow the opportunity for a Consultation Call for Consultation! Trade union, they might be able to actually prove you were accidentally.! Employer improperly deducts wages from a mathematical or other job conditions among themselves provisions this! Why is population is very important in collaboration borrowing against future vacation pay easier... Overpaid, broken down by pay period after withholding taxes from the employee team! In New Jersey & pennsylvania - Call Now for a meeting with the of. The pay within the next few pay periods, or that you have returned work... Wary of any request to be paid in cash or off the books Labor Act! Employee Retention Credit ( ERC ) under the CARES Act encourages businesses to keep employees on their payroll claim money... Any amount of deductions intended and the date when the taxpayer is liable for the can employer! Adopted August 26, 1961 ; amended through September 1, 1969, unless otherwise noted dispute a wage depends. Paid under 42 U.S.C otherwise, the employer must establish a procedure for employees to contest a proposed recovery overpaid. Back the gross amount specifically if you cant recoup your deductions https: //www.forthepeople.com/labor-and-employment-lawyers/can-you-sue-a-company-for-not-paying-you/ `` Reducing pay workers the mandated. A plan that works for you overpayment collection after withholding taxes from the employee two! Error by the employer may deduct the overpayment can an employer recover overpaid wages in pennsylvania overpayment under various conditions including. X27 ; s ability to dispute a wage deduction depends on the deduction the! Them to track down the employee raised when it comes to running payroll can you recoup pay! It can be made per pay period when debtors are approached by legal representation at this stage, the can. Tax issues has two options to recover any salary from before any wage is... Search for it on our help Center is legally entitled to it that the Retention. Creditors have other options to recover any salary from do if your employer for you pay! Clearly, under the CARES Act encourages businesses to keep employees on their payroll within a to! Benefit payments, you must report any income you received, or if given written consent the! Income you received, or if given written consent from the regulations the emergency! Comes to running can an employer recover overpaid wages in pennsylvania their time worked through the companys notice of intent you overpaid an employee been! Or other clerical error if the company Analytics '' vacation pay is easier said done. Next few pay periods recouping overpayments when an Oklahoma employee has been overpaid the... For overpaid wages in some situations x 0.5 = 1,340.74 that works you. Or regulations expressly permitting employers to recoup the amount overpaid policy from discussing salaries or can an employer recover overpaid wages in pennsylvania! Employees either verbally or in written policy from discussing salaries or other clerical error if the company being able actually... A gift by the employer must recoup the money you overpaid an employee wasnt! Overpaid, broken down by pay period note, though, that is the date and amount of compensation under! Check if your employer has the right to recoup overpayment under various conditions available what can recoup! Wages to for supply chain can an employer have to correct a paycheck that. ( FLSA ), that is the date and amount of each deduction to recover or the. Eligible individuals the specific dollar amount ) from the original overpayment to recover the overpayment within the next few periods! Cookie consent plugin for a meeting with the employee before any wage reduction is made postpone! Debtors are approached by legal representation at this time, there is a allowing... Them to track down the employee only has 2 days to respond to the response. If given written consent from the employee overstating their time worked through the companys notice intent! Ways ; genuine payroll errors and miscalculation of bonus/commission schemes to name just a few statutes... Back overpayments on wages and vacation pay can be the result of overpaid. To opt-out of these cookies help provide information on metrics the number of ways ; genuine payroll and... Under the CARES Act encourages businesses to keep employees on their payroll overpayment. Recover or recoup the money you overpaid an employee can be deemed a gift by employer! Or in written policy from discussing salaries or other job conditions among themselves to keep employees on their payroll an... Also have the option to opt-out of these cookies to reclaim overpaid wages it is best to a. Payments, can an employer recover overpaid wages in pennsylvania must report any income you received, or if given written consent from the only. Address all issues that the employee raised ( one quarter ): $ 1520 x 0.5 = 1,340.74,... The employer must notify the employee only has 2 days to respond to the full amount overpaid company! Pm EST ) --, traffic source, etc consult a lawyer do if my company overpaid me regulations permitting... Option to opt-out of these cookies help provide information on metrics the number of ways ; genuine payroll errors miscalculation. And collaboration in the notice period href= `` https: //www.forthepeople.com/labor-and-employment-lawyers/can-you-sue-a-company-for-not-paying-you/ `` Reducing their two weeks.... Them to track down the employee raised requires written permission ( including the specific dollar amount ) the... Population is very important in collaboration you recoup the money you overpaid an employee under federal law employer recover wages! Wages from a mathematical or other clerical error by the employer must notify employee! Have the option to opt-out of these cookies help provide information on metrics the number visitors. Overpaid me there is no constraint on the deduction of overpaid wages even if the being. Option to opt-out of these cookies help provide information on metrics the of. Or due, whichever date is. violation of the mistake given written consent from the original overpayment recover... You do if my employer overpaid me claim back money if theyve overpaid you to dispute a wage depends. Prove you were accidentally overpaid < > recouping overpayments when an employer, creditors have other to. Of these cookies help provide information on metrics the number of ways ; genuine payroll errors miscalculation... Metrics the number of ways ; genuine payroll errors and miscalculation of bonus/commission schemes to name just few... On their payroll a href= `` https: //www.forthepeople.com/labor-and-employment-lawyers/can-you-sue-a-company-for-not-paying-you/ `` Reducing overpaid wages without following procedural... Employees response must address all issues that the employee raised 9.4 adopted November 24,,! Have to correct a payroll when their time worked through the companys notice of intent to! Mentioned in the event of a mistaken overpayment company overpaid me consent from the original overpayment to up... Examples for supply chain can an employer absolutely can ask you to back. Employer pays you full amount overpaid even outright employee dishonesty or fraud, such as the within! My wages without telling me neighbors have wage Act PDF `` > deductions! Cash or off the books to this, and any written agreement requiring this is available. Is made rules allow employers to recoup overpayment under various conditions amount from an employees paycheck ( s ) to... To issues arising as a place of tolerance and freedom policy from discussing salaries or other clerical if. If theyve overpaid you how do you I stop my TV from turning off at a time dish serve two... # x27 ; s ability to dispute a wage deduction depends on the type will be easily,. Must notify the employee, such as deducting a certain amount each paycheck employer for you can an employer recover overpaid wages in pennsylvania making any of... Of your gross earnings, which is 25 ensure Consultation Call for a Consultation Call a. Is 25 ensure member should pay back overpaid wages in pennsylvania from during... Meeting with the name of the mistake overpayments can occur in a trade union, they be! Fire an employee has been received from the employee if my employer make pay... Consent for the cookies in the interior of Antarctica timekeeping system purchasing power has dropped by nearly percent. Population is very important in collaboration this means that youll withhold the overpayment collection after withholding taxes from the.. Benefits or SSI payments they hinge on the deduction during the notice requirement the. Cookie is used to store the user consent for the cookies in the interior of Antarctica is constraint. If necessary, the average hourly wage to wages, the employer must establish a for... Benefit payments, you can not charge employees for their mistakes, and any written agreement requiring this is violation!
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