Is this legal? Furious right now!!! - page 4

The hospital I work at recently gave everyone in the hospital a raise. When I opened my pay slip today, I was surprised to see that I was getting a raise from $13.36 to 13.65. I've been making $13.76... Read More

  1. by   CseMgr1
    Originally posted by 3rdShiftGuy
    Again, big business and governments know what they can legally get away with. I've always worked in nonunion areas. I'm not saying don't challenge it. I'm not saying it's not fair. I think they should shut up and suck it up and give her the money. But these organizations know what they can and can't get away with, usually. But perhaps as was said above, I'm giving them too much credit.
    In other words...the Lord giveth...and the Lord taketh away.
    What a crock.....
  2. by   -jt
    <I called the error to the attention of the payroll department and was told that I should have only been making the $13.36. They also told me that I will have to pay back the extra 40 an hour they've been giving me. >


    A friend of mine had a similar thing happen to her. It was the hospitals error and for 2 years they didnt realize they were overpaying her for her BSN. They finally adjusted her pay to the correct amount but also told her she had to pay back the 2 years worth of extra pay - which came to about $5000.

    She called a lawyer.

    Turns out it was the hospitals mistake and they had to eat it.

    The RN did NOT have to pay it back.
    Last edit by -jt on Aug 3, '03
  3. by   Chttynurs
    Cotjockey, if I were in your shoes, I don't even think I could keep myself very composed about the whole thing. In my opinion, you're not making enough in the first place.......I'm assuming it's just because of the area of the country you work in.....I'm flabbergasted at the difference in pay scale depending on where you live. But, getting back to the subject, I REALLY like caroladybelle idea about contacting the media if the facility you work at insists on you paying them back for their 'mistake'. I don't know if it's the BEST idea, but like I said, if I were going through the same thing, I don't think I'd be very calm!! Good luck and please keep us updated!
  4. by   Monica RN,BSN
    You bet this is illegal.. They cannot take back whenthey gave you an agreed upon salary. They can refuse to give you further raises, butthey cant take it away. It would probably cost more than its worth to get a lawyer, but it is the principle that really counts. I would agree with a lot of good advice here and start with the wage and labor board for sure. I would go to the top of the chain and work down instead of the normal chain of command, as in this case, starting at the bottom and going up will delay the process and will not produce very quick results. Then I would not hesitate to quit. Just my 2 cents worth.......
  5. by   live4today
    Those dagblasted cheaters!!! Don't let them get away with that one! Sue! Quit AFTER you get it straightened out, too. :kiss
  6. by   shodobe
    The last thing I remember was that the only one who could "legally" deduct from your pay WITHOUT your permission was a court order garnishing your wages for either child support, back taxes or alimony. You have to give written permission for all other reason unless they can prove you knowingly took money that was not yours. Check with the local labor board to be sure, each state is different. Good luck, Mike
  7. by   Frogman
    I don't think they can legally do that. It was their error and they need to suck it up. Does your place of employment have a employee relations person or labor union? If not, call a lawyer.
  8. by   Shiva_Las_Vegas
    What ever happened with this???
  9. by   Nurse Ratched
    Hey, cotjockey - how'd it work out for you?
  10. by   flashpoint
    Well...it ended up with my friend the lawyer going to bat for me with the hospital. Legally, they can expect me to pay back the amount that I was over paid. The way it was explained to me, it was the hospital's fault, but I still have to give the money back. They compared it to under billing a patient. If they forgot to add a room charge for a patient for three days, when they discovered the error six months later, they would have the right to re-bill. Since they discovered they were over paying me, they have the right to recover that money. So...I'll be getting $16 a week deducted from my paychecks for the next 18 months. Either I agree to it voluntarily or they can go to court and have my wages garnished. I agreed to let them takeit because having a garnishment looks terrible on a credit report. So, more or less I got sort of screwed. My manager did say that if I want to come in and do paperwork like chart reviews for a few hours a week I can to offset what they are deducting. Probably going to stay an extra hour every shift...we work three days a week, so not too big of a deal.
  11. by   Shiva_Las_Vegas
    That's too bad. I'm sorry to hear it didn't work out to your benefit......at least your manager sounds cool about letting you work some extra hours to offset the expense....
  12. by   Nurse Ratched
    Well, cotjockey, I am sorry to hear they did in fact have the legal "right" even if morally it reeks. Seriously would consider whether or not I wanted to continue a relationship an employer who would treat their employees in this fashion. (As someone else indicated, it's not as tho you got this sudden outrageous amount of money you should have KNOWN wasn't coming to you - you accepted the $ in good faith.)

    If you quit, you'd still have to pay back the money, but you have to anyway apparently. If I did sever employment for that reason, I would have a hard time not notifying the employer WHY, altho I would resist the urge so it didn't come back to bite me later.

    Side note: a friend was consistently SHORTED by a small amount over a period of time that built up into a large amount. By the time she discovered it, she never saw dime one as the employer said she should have caught it sooner. Guess mistake correction only goes in one direction.

    Anyway, my $.02. Sorry your mgt stinks .
  13. by   colleen10
    Cot Jockey,

    Sorry it worked out that way.

    Although, I am confused on one point.

    When you had your review and your super. or whom ever told you and wrote down that you were going to receive said amount of raise and you were given it, doesn't that still bind your employer to that amount?

    I mean, if this is the case, then can't any employer in any field garnish wages from their employees at any time and just say it was a 'mistake' even though they were told in writing that they would get said salary?

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