Legal Recourse to Incorrect Pay?

by Susan
(Phoenix, AZ)

Do I have the right to demand that my pay check is consistently correct? I have consistent errors made on my paycheck. I have gone to our payroll clerk, my immediate supervisor, and our corporate Human Resources. Since all the errors are eventually corrected, do I have any recourse? Can I legally expect accuracy on my pay?

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Possible, but not Probable
by: Best Business Payroll

We feel for you, we really do. Properly calculating employees' pay consistently should be a given.

In your case, this is not happening, and you are rightfully upset about it. It sounds like you have gone through the proper channels to rectify the problem, and it sounds like after bringing the problem to their attention, each individual paycheck is corrected.

Perhaps there is a breakdown in the payroll process where the hours worked are not being calculated properly, or perhaps someone in the payroll department is doing a sub-par job. But these appear to be unintentional errors which your company willingly fixes when they are brought to the appropriate person's attention. Because these errors (while annoying) appear to be inadvertent, you may not have a legal case.

However, if you suspect negligence, or worse, deliberate tampering with your hours so the company can pay you less than you deserve, you should consult with a lawyer to see if you have a case.

In the meantime, keep paying close attention to how your pay is calculated and address any errors you find as soon as you detect them. Hopefully someone in the payroll department will start paying closer attention to your check and those errors will stop soon. In addition, keep your Controller informed of the situation, and if this keeps happening, the person responsible will be held accountable. Best of luck!

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