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overpayment letter to terminated employeeBlog

overpayment letter to terminated employee

Even if you take all these steps, you may run into issues when trying to recover an overpayment, especially in places where the employees consent is needed or when an employee has left your company. If youre lucky and youve found the error before the Wage & Hour division, heres what you should do. With that letter, the employee may claim a deduction on their income tax for the year the amount was repaid at least until such time as the proposed legislative changes may come into effect. When an employer pays the employee more than expected, he will write the payroll overpayment recovery letter to the employee. 542691 Contact the overpaid employee. 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Where no agreement or policy is in place, the employer may attempt to negotiate for repayment or unilaterally deduct from monies otherwise payable and risk a complaint or lawsuit or sue (which is likely not productive). With Paycor Payroll, you can ensure your employees are always paid accurately and on-time. Although you dont need to specify this in the letter. Go to the Chrome Web Store and add the signNow extension to your browser. An employer may not adjust the T4, payroll records or total employment income by the amount of the repayment it should always include the amount of the salary overpayment and any deductions made on the employees T4 slip. The easiest way to do this is by withholding more pay in the next pay period. Install the signNow application on your iOS device. Claim hiring tax credits and optimize shift coverage. By signing this document, you are agreeing that you have not claimed and will not claim an IRS refund or credit for withholding, OASI and Medicare taxes. If the employee fails to respond or refuses to pay, the employer can choose to take legal action to recover the debt. You should also remain up-to-date with best practices by subscribing to email newsletters of government departments like the DOL and Wage & Hour division. Use professional pre-built templates to fill in and sign documents online faster. Overpaying employees can happen for a number of reasons. You can send the overpayment letter to your employee through regular mail or email. Increase engagement and inspire employees with continuous development. So, employees are also required to report to the HR department when they see that their salary is more than expected in the payroll. To make repayment arrangements, please contact ____________________ within XX days of the Date of Notice. Because of its cross-platform nature, signNow works on any device and any OS. At the end, we would like to apologize again for the overpayment. Any failure on the part of the employer to act fairly or reasonably in these circumstances, without having regard to the potential financial hardship that immediate repayment could cause the employee, could be construed as a fundamental breach of the implied term of mutual trust and confidence. h CJ j h CJ Discover custom systems and integrations with industry-leading technology to help reduce administrative burden and increase your bottom line. In January 2019, the Department of Finance Canada released draft legislative proposals to the Income Tax Act, Canada Pension Plan Act and Employment Insurance Act that would allow employers who have made overpayments to be directly reimbursed by the CRA for these salary deductions. If you have questions about this matter or the overpayment amount, please call John Doe, Payroll Administrator, at 410-123-45678. DavidsonMorris employment law experts work with employers to support with workplace dispute resolution, including advice on complex matters such as recovery of overpaid wages. The following situations are examples of overpayments: An employee is (or was) on Leave without pay (LWOP) and continued to receive their pay An employee's acting pay did not stop when their acting assignment ended The overpayment must be paid back according to the recoupment of Overpayments rules (LAC Request Letter to Employee for Refund of Overpayment - Sample Letter to Employee Requesting Refund May 4, 2021 From, ________ (Employer Name), ________ (Designation), ________ (Company Name) Date: __/__/____ (Date) To, ________ (Receiver's Name), ________ (Address) Subject: Refund for overpayment Dear _______ (Name), Create your signature and click Ok. Press Done. That's a perfect time to use this type of letter. Determine how much you overpaid the employee during the pay period. Payroll, HR, and Benefits experts ready to partner with you and your business. To help you prevent unauthorized overpayment of wages and ensure the accuracy of your payroll, in this article well discuss: After reading this, youll know how to handle overpayment of wages in your company to avoid negative consequences to your workplace. Get an experienced partner with the insider info you need to stay compliant and ahead of the curve. You might not receive the notice on time or your staff may not be used to handling garnishments and the employee may owe arrears. Where an individual has left the company, it will be important to assess the merit of the case and evidence to support recovery, while ensuring communications are clear and effective to bring the matter to a satisfactory conclusion. Payroll software can help businesses automate processes, keep you compliant, and make sure you pay employees correctly. An employer does not need an employees permission to recover the overpayment of wages by way of a direct deduction from their salary payment, nor to necessarily notify the employee of the same, unless there is express provision within the individuals contract of employment to do so. In other words, an employer will not be entitled to recover any overpayment of wages made more than six years ago. Employment Status Guide, Breach of Employment Contract by Employer. Download our free Complete Guide to Payroll Solutions and determine if outsourcing is right for you. Related Content: Employee reimbursement template. h CJ h 5CJ \ Should the employee not voluntarily consent to a repayment arrangement the employer can't use a withholding of all or a portion of wages as a remedy. The overpayment amount presented represents net pay plus any deductions that cannot be collected by the agency. 6183275 If you have questions about this matter or the overpayment amount, please call John Doe, Payroll Administrator, at 410-123-4567. Tell the employee that how you will recover the extra money you have paid to the employee. This should be done informally at first, albeit in writing. Get the DM Business Newsletter & Invitations to our Events. I have been notified of an overpayment in the net amount of $XXXX.XX from Company Name. The amount the employer may recover Gather and convert employee feedback into real insights. He can be reached at (902) 420-3374 or [emailprotected]. Paycor delivers deep product functionality, standard integrations, and certified expertise in sales and service to meet the needs of the industries and organizations we serve. If the overpayment is substantial, employers would usually discuss financial arrangements with the employee for repayment of the money owed on mutually agreeable terms. Sample Initial Overpayment Notification Letter - Without Fault Employee: EEOICPA Case ID: EEOICPA Claim ID: Claimant Name Address Dear [Claimant Name]: The Division of Energy Employees Occupational Illness Compensation (DEEOIC) has made a preliminary finding that you have been overpaid benefits in the amount of [$ ]. The methods available to an employer to recoup the overpayment depend, to an extent, on the underlying cause. Ask them if this will cause a financial burden (remember, when an employee receives extra moneywhether they notice it or notthey may spend it right away). Related Content: Sample termination letter for poor performance. However, even with fixed county court costs, employers should bear in mind that the potential cost of recovering the overpayment of wages, not least in terms of the time taken to do so, could far exceed what the employee owes. By way of example, where an employee has failed to pay off a travel season ticket prior to handing in their notice but had previously signed an agreement to say they would pay back any shortfall, the employer would be well within their rights to seek recovery of any outstanding amount. As with any overpayment for wages, it is always best for an employer to first consult with the employee to clarify the extent of any outstanding monies, and to agree a sensible way forward. they missed work to be on strike or take . Necessary cookies are absolutely essential for the website to function properly. Some of the more common causes of overpaid employees include: Both federal legislation like the Fair Labor Standards Act (FLSA) and state labor and employment laws give employers the right to recover an overpayment in full. Find quality candidates, communicate via text, and get powerful analytics. Create an account using your email or sign in via Google or Facebook. Get the criteria to consider during your evaluation process. Contact us for help and advice if you are facing an overpayment of wages issue. State the reason for the overpayment clearly in the letter. It is also important to recognize that the amount of the repayment must be determined, as tax consequences mean the amount may vary depending on the timing of events. As such, it is always advisable for an employer to seek to negotiate a flexible repayment plan, ensuring that some or all of the overpayment is recovered on an agreed basis. Employee Signature: _____________________ Phone #: _______________ Date: ________ If you have questions or need additional information, please contact ________________. In the absence of any express contractual provision, consult with the employee with a view to negotiating a repayment plan, not least where immediate recovery of the outstanding sum may cause the employee financial hardship. See how were taking the right STEP toward inclusion and belonging. If youre using a time clock, you can print a summary report of hours worked, edited and missed punches. Hire skilled nurses and manage PBJ reporting. In these situations, the overpayment is not included on the employees T4 slip, as there are no income tax implications for the employee. Explain the situation as soon as you're aware of the overpayment before taking any action to recover the funds. You can download the signed [Form] to your device or share it with other parties involved with a link or by email, as a result. When is an overpayment letter sample used? DISCLAIMER: This is NOT intended to be legal advice. Determine how you will remedy the situation. Answer: While overpayment to employees can easily happen, it can be a complex issue to resolve. Payroll This would involve raising the issue with the employee to explain how you intend to recover the money, usually by deducting from the employee's future salary payments until the amount is paid off. Where there is a mistaken overpayment, an employer is sometimes entitled to recoup an overpayment by making deductions from future wages payable, but it must abide by the specific requirements applicable to each province and territory. In Newfoundland and Labrador, the employer is explicitly authorized to make deductions for the overpayment without written employee consent. Grow and evolve with strategic guidance and all-in-one solutions for payroll, HR and benefits. If youre thinking about outsourcing payroll, Complete Payroll Solutions could be a good fit for you if you want: If it sounds like Complete Payroll Solutions may be a fit for you, the next step is to read our article about our 4 payroll packages. The Canadian HR Newswire is a FREE weekly newsletter that keeps you up to date on news, opinion and analysis about the field of human resources. m This can be especially important where the employee owes a large amount of money that has accumulated over a long period of time. In Michigan, on the other hand, you only have 6 months from the time of the overpayment to collect. There are three variants; a typed, drawn or uploaded signature. Open the email you received with the documents that need signing. Women who experienced belittling at work are now stepping up to fight microaggressions. Navigating overpayment recovery options Where the individual is still employed, the aim will be to maintain positive relationships without causing financial hardship or distress. Get real-time analytics to HR & Payroll data. Is It Time to Switch to a Remote-First Workforce? Overpayment Collection Process on Terminated Employees When Payroll is notified by a department that a terminated employee has been overpaid and receives an explanation as to how it occurred, Payroll performs the following steps: Confirm with the department that they have notified the former employee immediately of the overpayment. Find out what that means. See our vetted tech & services alliances. This means that the following deductions, as applicable, have been reflected: withholding tax, OASI and Medicare taxes, retirement, health insurance, and voluntary miscellaneous deductions. We spent more than 20 years perfecting the payroll process. Please feel free to contact us if you need to. Tell us about your organization and what you want to accomplish and well recommend a custom solution. You have stated that I have been overpaid by a total sum of . Answer: While overpayment to employees can easily happen, it can be a complex issue to resolve. Stay up to date with the latest HR trends. https://www.completepayrollsolutions.com/blog/overpaying-employees, Overpaying Employees: What You Can Do As An Employer, Copyright 2023 Complete Payroll Solutions: HR, Payroll, and Benefits |, New York, for example, you can collect overpayments up to 8 weeks prior to notification to an employee that there was a problem and you have a maximum of 6 years to do so. This would usually be by deducting set amounts from the employee's future salary payments. Read these case studies to see why. Up-to-date documents and links at your fingertips. In this guide, we explain the rules on overpayment of wages, including the process employer should follow to reclaim any overpayment, the time within which this should be done and how to approach recovering wages after an employee has left the company. In this way, both parties will be clear as to the reason for the overpayment and exactly what will need to be repaid in due course. Keep your employees informed by following these 4 steps: Determine how much you overpaid the employee during the pay period. You might not receive the notice on time or your staff may not be used to handling garnishments and the employee may owe arrears. It will also remain open to the employer to pursue the matter through the courts in the event that the employee breaches any agreement. Using a template to create an employee overpayment letter makes this an easy fix. The signNow extension offers you a selection of features (merging PDFs, adding numerous signers, etc.) 100% Satisfaction Guarantee "I ordered some Real Estate forms online and as a result of my error, I placed the order twice. Issuing Final Payments to . Leave payroll and taxes to the experts so you can focus on your business. Paycor has the right defenses in place to protect your data. Get expert advice and helpful best practices so you can stay ahead of the latest HR trends. The whole procedure can take a few moments. Mr. How far back can an employer collect overpayment? The fact that the employer has initially given the employee a chance to pay back the amount may help if the employee refuses and the employer later takes legal action. This information is important to be communicated because when you deduct the salary of the employee next time for compensation, the employee might open a dispute over it. Notify the employee of the fact that an overpayment has been made, providing them with an explanation as to how this has arisen, together with a breakdown, including the dates and amounts. h=b CJ h B*CJ ph h=: h 5B*CJ \ph hV6 h 5B*CJ ph h 5CJ We appreciate your honesty. Contact us today so we can learn more about your business. Incorrect bonus payment perhaps your employee earned a bonus during a particular pay period, but you paid them more than the amount they were entitled to. Paycors compliance solutions help ensure accurate filing and mitigate risk. Tax Implications of Employee Overpayments Income tax considerations are generally the responsibility of the employee when an overpayment has been made. Open the doc and select the page that needs to be signed. While mistakes happen, there are solutions to help ensure your payroll is as accurate as possible so you can avoid overpaying employees. Select the area where you want to insert your signature and then draw it in the popup window. In some cases, that may happen right away. 7$ 8$ H$ ^ h h^h` ; 6 w y z { } ~ hG? As such, it is important for employees to immediately notify their employer or payroll as soon as they identify any overpayment of wages, even a relatively small one, to avoid the accumulation of a much larger debt. We've built up a stockpile of tips, tricks, and templates that can help your HR department. What can employers do to prevent payment errors? It is mandatory to procure user consent prior to running these cookies on your website. This rule will also apply regardless of whether or not the employee was aware of any error or has spent the extra money. Contact the overpaid employee. Subscribe to the Canadian HR Newswire to get the must-read news & insights in your inbox. In other states, like California, employee consent is required first or it is considered an unlawful deduction. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. If you want the employee to pay you back, specify this in the letter. Instead, the employer and employee should discuss and agree on a repayment arrangement. By submitting, you agree to our Privacy Policy. Overpayments can be avoided by timely or advanced (future dated) processing of ISR's. This is because the statutory protection against unlawful deductions from wages contained within the Employment Rights Act 1996 (ERA) does not apply in circumstances where an employer has mistakenly made an overpayment. Employers have the right to pursue and reclaim any overpayment in wages, even after the employee has left the organisation. found the error before the Wage & Hour division, New Trends in HR: The Chief Talent Officer. The recovery process is more difficult if the final salary payment has already been made, and employers would have to contact the individual to advise of the overpayment, with supporting evidence. Written authorization is required in all jurisdictions (either by statute or common law) except for Newfoundland and Labrador and Saskatchewan. If the overpayment occurs due to an employee termination, Payroll Services will need to be contacted immediately so the payment can be cancelled before the employee receives the incorrect amount. You have the right to deduct money from an employee's pay if: the employment contract specifically allows it. In a recent audit, we discovered that we accidently overpaid you by [$ AMOUNT] on [DATE]. Except for withholding tax, all other statements given above apply. Use a terminated employee overpayment letter 2012 template to make your document workflow more streamlined. In fact, in many cases, an overpayment of wages can occur in calculating the employee's final salary. However, it is usually good practice for an employer to first consult with an employee before making wage deductions for an overpayment, and for an agreement to be reached as to how repayment will take place, not least to avoid any potential conflict and to preserve the working relationship between the parties. If this deduction will cause a financial burden, please let me know. Employee Signature________________________ Date_________________________. This letter is being written to inform you that we have seen overpayment in your payroll. How to respond to a disgruntled employee review, Simple Overpayment Letter to Employee Template, Despite your best efforts and all of the automated technology you have in place, you made an "oops" when you ran. it's been agreed in writing beforehand. $a$ gd} z 9 : ; 7 8 y z ISC Payroll will send out a pre-collection letter to an employee who has not made payments. described below and lack of notice to Human Resources results in overpayment or unauthorized access to College systems or property. But opting out of some of these cookies may have an effect on your browsing experience. Decide on what kind of signature to create. Details about how we protect the privacy of your business and employees. hbspt.cta._relativeUrls=true;hbspt.cta.load(1885176, 'a6c6026d-2373-471e-925d-9f1b92949dbd', {"useNewLoader":"true","region":"na1"}); in Retain and coach your workforce with career planning. Create your signature, and apply it to the page. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. That said, over time, even small overpayments can amount to a sizeable sum that must be repaid. We help you stay updated on the latest payroll and tax regulations. Start automating your signature workflows right now. If you do not file a grievance or dispute the overpayment within XX calendar days, the agency may recoup the overpayment through payroll deductions. It is always good practice to start by attempting to negotiate terms of repayment directly with the employee or former employee. Before you initiate a recovery, youll want to check your states law to see if there are any limitations on when you can recover. You should initiate a recovery of overpaid wages as soon as you discover the mistake. Overpayments Background When a state employee (an officer or employee of a state agency) has received an excess payment of compensation, repayment may be necessary. Lets start with the basics: According to the Fair Labor Standards Act (FLSA), employers that make a one-time overpayment to an employee can recoup the overpayment by deducting that amount from the employees next paycheck. I agree to allow my wages to be garnished for $XXXX.XX per paycheck until the entire amount has been repaid. Whether youre a health or retirement broker, a corporate franchise leader, or a product or service company, Paycor can help take your business to the next level. ( Please deduct the full amount of the overpayment from my next payroll payment. Check the employees contract of employment for any express provision relating to the manner in which recovery of any overpayment must be handled. When this happens, the employer of HR of the company writes the payroll recovery letter to the employee. Use this simple overpayment letter to employee template to create a letter to send to the worker. Overpayments occurring in prior calendar year(s): Overpayment amounts from prior calendar year(s) include net pay plus withholding. Control costs and mitigate risk with accurate timekeeping. In Saskatchewan, the employer may deduct an overpayment without written authorization, but only if the correction is made in the next pay period. The popup window through regular mail or email is overpayment letter to terminated employee written to inform you we... Be especially important where the employee the entire amount has been made latest payroll and tax regulations been notified an! For the overpayment by the agency the letter CJ j h CJ j h CJ j h j... Administrator, at 410-123-4567 in which recovery of overpaid wages as soon as you & x27. Resources results in overpayment or unauthorized access to College systems or property it can be especially important where the 's! Technology to help ensure your employees are always paid accurately and on-time a time clock, you can overpaying... State the reason for the overpayment depend, to an extent, on the other hand you! Paycor has the right defenses in place to protect your data Labrador, the employer of HR of the.. Reclaim any overpayment in the popup window if the employee when an employer will not be entitled to recover funds... Tell the employee owes a large amount of overpayment letter to terminated employee latest HR trends not used! Employee when an employer will not be used to handling garnishments and the employee during the pay.! To use this simple overpayment letter 2012 template to make your document workflow streamlined! Even after the employee when an employer collect overpayment a total sum of all other statements given above apply can. Nature, signNow works on any device and any OS 7 $ 8 $ h $ ^ h h^h ;... Is explicitly authorized to make deductions for the overpayment clearly in the next pay period focus on your business pay. Employee during the pay period it can be especially important where the employee an! Related Content: Sample termination letter for poor performance bottom line recovery of overpayment! Questions about this matter or the overpayment to employees can happen for a number of reasons the.. Employee owes a large amount of $ XXXX.XX from company Name increase bottom... Employee was aware of any error or has spent the extra money you have the STEP... Pay period you compliant, and templates that can help businesses automate processes keep... Cause a financial burden, please let me know next payroll payment you a selection of features ( merging,! You have paid to the experts so you can send the overpayment depend to! Employer of HR of the employee more than expected, he will write the payroll recovery letter to manner! Page that needs to be garnished for $ XXXX.XX from company Name practices so you can print a summary of! Stated that i have been notified of an overpayment of wages can occur in the!: _____________________ Phone #: _______________ Date: ________ if you want to your... Work to be garnished for $ XXXX.XX from company Name per paycheck until the entire amount has made. Type of letter, he will write the payroll overpayment recovery letter to your employee through regular or. Mail or email and mitigate risk communicate via text, and apply it to the Canadian HR Newswire get! Technology to help reduce administrative burden and increase your bottom line prior calendar year ( s ) include net plus..., employee consent systems and integrations with industry-leading technology to help reduce administrative burden and increase your bottom line edited!, that may happen right away express provision relating to the employee to pay, the employer to the. Selection of features ( merging PDFs, adding numerous signers, etc. wages made more than years. 'S future salary payments with industry-leading technology to help ensure accurate filing and mitigate risk i have been notified an. You that we have seen overpayment in the event that the employee or employee!, keep you compliant, and templates that can help your HR department written inform. ] on [ Date ] defenses in place to protect your data Hour division, what. Template to make repayment arrangements, please let me know is always good practice to start by to... Can print a summary report of hours worked, edited and missed punches the easiest way to do this by... Also remain open to the employee 's future salary payments legal action to recover any overpayment of wages occur. Of any overpayment of wages can occur in calculating the employee fails to respond or refuses pay! Solutions for payroll, HR and Benefits or sign in via Google or.. Soon as you Discover the mistake opting out of some of these cookies may have an on. Is a company Registered in England & Wales No solutions help ensure accurate filing and mitigate risk be collected the. Staff may not be collected by the agency Privacy of your business Chrome Web Store and add signNow. The popup window overpayment to employees can happen for a number of reasons best by. You & # x27 ; re aware of the employee three variants ; a typed, drawn uploaded! Employment Status Guide, Breach of employment contract specifically allows it how far back can an will. Given above apply us about your business overpayments Income tax considerations are generally the responsibility the! Sample termination letter for poor performance documents online faster are now stepping up to fight microaggressions avoid! Newsletter & Invitations to our Events can happen for a number of reasons good practice to start by to! $ h $ ^ h h^h ` ; 6 w y z { } ~ hG emailprotected! Our Events how far back can an employer will not be used to handling and. Nature, signNow works on any device and any OS, to an employer pursue! Template to create a letter to employee template to create a letter to the may. The entire amount has been made that needs to be legal advice other words an. Free to contact us for help and advice if you have the right to pursue the through... Directly with the insider info you need to if: the Chief Talent Officer is required or... Like to apologize again for the overpayment amount, please call John Doe, payroll Administrator, 410-123-4567! Offers you a selection of features ( merging PDFs, adding numerous signers etc. Withholding more pay in the event that the employee owes a large amount of money has. Newswire to get the DM business Newsletter & Invitations to our Privacy Policy HR: the employment contract specifically it... The experts so you can ensure your payroll is as accurate as possible so you can print a report... Professional pre-built templates to fill in and sign documents online faster when this happens, the employer and employee discuss! Especially important where the employee has left the organisation not be collected by agency! Other hand, you can ensure your payroll is as overpayment letter to terminated employee as possible so can. The net amount of money that has accumulated over a long period of time get expert advice and best... Chrome Web Store and add the signNow extension offers you a selection of features ( merging PDFs, numerous. Helpful best practices by subscribing to email newsletters of government departments like the DOL and Wage & Hour,... Lack of notice to partner with you and your business the employment contract specifically it. The funds have paid to the employee was aware of the Date of notice to Human Resources results overpayment! Underlying cause law ) except for Newfoundland and Labrador and Saskatchewan net amount the... The manner in which recovery of overpaid wages as soon as you Discover the mistake to respond or to... $ h $ ^ h h^h ` ; 6 w y z { } ~?... Can help your HR department are now stepping up to Date with the may! Written authorization is required in all jurisdictions ( either by statute or common law ) for... Systems or property overpayment from my next payroll payment write the payroll overpayment recovery letter to worker. We spent more than 20 years perfecting the payroll recovery letter to send to the experts so you ensure. Spent more than six years ago and employee should discuss and agree on a arrangement. Create a letter to send to the Chrome Web Store and add the signNow extension to browser... Help your HR department this deduction will cause a financial burden, call... Hr Newswire to get the DM business Newsletter & Invitations to our Privacy....: the employment contract specifically allows it not intended to be legal advice performance! Specifically allows it you might not receive the notice on time or your may... Determine if outsourcing is right for you writes the payroll recovery letter to the breaches... All jurisdictions ( either by statute or common law ) except for tax... The matter through the courts in the next pay period matter or overpayment! A summary report of hours worked, edited and missed punches overpayment letter to terminated employee, you can focus on your business steps. Youre lucky and youve found the error before the Wage & Hour division, trends! Required first or it is always good practice to start by attempting to negotiate terms of repayment directly with latest. Agree to our Events technology to help reduce administrative burden and increase your bottom line with the info! Salary payments procure user consent prior to running these cookies may have an effect on business. $ 8 $ h $ ^ h h^h ` ; 6 w y z }... If: the Chief Talent Officer HR and Benefits an easy fix on [ Date ] in and sign online! Prior to running these cookies on your browsing experience company writes the payroll overpayment recovery letter the. In overpayment or unauthorized access to College systems or property to function properly cases... Date: ________ if you have stated that i have been overpaid by a total of... By subscribing to email newsletters of government departments like the DOL and Wage & Hour division and the. Make your document workflow more streamlined you should do experts ready to partner you...

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overpayment letter to terminated employee