Q. We pay most of our employees’ wages and salaries via direct deposit. Last week, two checks for the same pay period were deposited into an employee’s account. Can we legally have the bank withdraw the extra funds from the employee’s account?
A. Once the funds are deposited into the employee’s account, you no longer have control over them. The most prudent approach would be to ask the employee to either:
- Refund the money
- Consent in writing to have the amount deducted from future earnings.
If the employee refuses, you could take disciplinary action or sue to reclaim the overpaid wages.