employer who made a mistake in overpaying me and now wants me to give back the money.
I just resigned from Company A and am now formally hired by Company B. I am still going through the clearance process to get my Certificate of Employment, which is a requirement in my new company.
Now Company A suddenly informs me that they made an error in my payroll and were in fact overpaying me for the 10 months that I was with them! They are putting my clearance on hold until I settle a yet to be disclosed amount.
As of the moment, they have yet to come up with the terms of payment. They are aware of their mistake but at the same time appeal to my compassion hoping that I would feel for whoever it is that made that error and would definitely be made answerable. After all, they say, I did enjoy the extra cash.
On my part, I admit that I did notice early on that the rate on my payslip was higher than that on my employment contract. But we were frequently made to render mandatory overtimes daily for months and so I didn't give much thought to it; I expected larger than normal amounts every payday. After all, they should know better regarding these things--it's payroll's job. So in all
honestly, it wasn't like I was intentionally hiding the truth.
They convinced me to hand-write a sort of promissory note saying I am aware of the blunder and will pay when the computation is made available. But no exact amounts and deadlines are on the note. (I am kinda regretting that I
wrote and signed anything)
So here are my questions:
1. Do I have a moral and/or legal obligation to return money in this scenario?
2 . They said they will shoulder some of the amount (specifically the taxes and the SSS contributions that are irrecoverable). What percentage of my payables should I agree on?
3. Do they have the right to demand a specific amount and a deadline for settlement?
Even though on paper I'm supposed to have a better salary with my new company, it appears that 'll be getting almost the same amount because now I know I was overpaid then! So giving money back, however little, is an issue.
I would greatly appreciate any professional advice.