Thread regarding Capital One layoffs

Overpaid severance bonus, asking for pay back

I got PIPed early this year and got my severance package, which included a severance bonus. The document I signed only mentioned that the bonus will be a pro-rated amount, no actual figures given. Today, I got a letter saying they made a clerical error and asked me to return $9k. WTF? I have no problem returning it since it is not mine, but a bank can't even handle payment correctly? It also leaves a bad taste to ask for money back after putting me in financial hardship without a job. Fu-k Capital One

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| 6968 views | | 51 replies (last September 10) | Reply
Post ID: @OP+1sZH9PkU

51 replies (most recent on top)

It's been over a year. Does capital one continue to pursue the overpayment ?

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Post ID: @2076+1sZH9PkU

Same here – I received two identical letters requesting $18K back after receiving a full year bonus as part of a standard 16-week package for Directors+ after opting out of PIP. The wording is exactly the same as posted above. The original severance document did not include any explanation whatsoever on how the bonus is calculated, not even a mention of it being prorated to the last day in 2024. I have not responded to either letter, but it is causing considerable stress, I have to say. And to mention, I do not have another job yet.

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Post ID: @Fmgj+1sZH9PkU

Because Capone is a sick and twisted beeotch.

You dump a pile of dookie so foul smelling and large filled with bacteria and viruses, that Capone will flee so not to have their whole body covered in dookie and diseases.

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Post ID: @Evzp+1sZH9PkU

Why hasn't the media gotten a hold of this story?! The harassment continues even after we are no longer employed there! My first and second letter just says I can't ever work there again if I don't pay it back but I'm not eligible for rehire anyway because I opted out of the PIP! Shouldn't they know this?! I'm closing my checking and savings account and my credit card. Everyone here should do the same! Don't support and make money for this stupid, toxic, horrible company! 🤦‍♀️

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Post ID: @Djgt+1sZH9PkU

Don't return f*ng penny. Everyone has stated they aren't sure how they were overpaid for vacation time or bonus or severance bonus. Dirty beeotch is intentionally harassing prior employees to see if they can get cash back. This is not an ATM!!! If they say you owe money you didn't know your owe. LET THEM FILE HUNDREDS OR THOUSANDS OF LAWSUITS AND GO IN FRONT OF A JUDGE!!!!!!

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Post ID: @Chnr+1sZH9PkU

I am in a different situation. I only received a letter saying "Second Notice" and never received a “First Notice”. There is no mention of pro-rated amount with regards to the Severance Bonus in my Letter of Agreement, only that if I were terminated on or after April 1st that I would receive the Severance Bonus. My termination date was April 1st. The amount of Severance Bonus on the demand letter is inconsistent with the amount on the check I actually received, leaving me to wonder if the repayment letter is also a miscalculation. Nor have they provided any information as to what my bonus amount should have been at the date of termination in the Letter of Agreement. My only recourse is to refute the claim of repayment based on gross negligence of accounting by the HR department until they can provide the actual calculations and tax payments made that match the amount dispersed on the original check for Severance Bonus. This error of such magnitude questions Capital One’s integrity with the handling anyone's financial transactions or accounts.

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Post ID: @Capc+1sZH9PkU

Found this on Capital One website :)) Wages can’t be garnished without notifying the garnishee. Most of the time, a court order is required before a wage garnishment can be initiated. Then, they have to send the debtor a letter before they can begin collecting money.
https://www.capitalone.com/learn-grow/money-management/what-is-wage-garnishment/

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Post ID: @Caqt+1sZH9PkU

Absolutely correct. They have to file a lawsuit, provide evidence, win a lawsuit, then file paperwork to garnish wages. Much less contacting a new employer demanding cash back. It's illegal and harassment and considered theft.

C1 can drink my《p)eriod. Period.

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Post ID: @Czxl+1sZH9PkU

@Bmbi+1sZH9PkU is definitely a c1 troll.

Here is the explanation of garnishment:

No, in most cases, a former employer cannot garnish your wages without a court order, even if they claim you owe them money from a bonus or unused vacation time. Here's why:

  • * Legal Requirement: In most jurisdictions, a court judgment is typically required for wage garnishment. This judgment verifies the legitimacy of the debt and ensures proper legal procedures are followed.
  • * Substantiation: A demand letter alone isn't sufficient proof. Your former employer would need to provide concrete evidence to a court to win a judgment.

If you receive such a demand letter, it's best to consult an attorney to understand your rights and explore potential responses.

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Post ID: @Cbkx+1sZH9PkU

This last post sounds like a Capone troll who posted it. It is to strike fear into the hundreds or thousands of people they sent the letter to so to scare them into giving capone money they don't owe.

In order, to garnish your wages they have to file a first file a lawsuit, and the court needs to make a judgment, and if they won then they have to go through the paperwork to garnish wages.

F* Capone.

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Post ID: @Caro+1sZH9PkU

I ignored the second notice and just got notified by payroll at my new job of a garnishment. Omg, I’m so upset right now.

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Post ID: @Bmbi+1sZH9PkU

The most incompetent company and the management on the planet! I pulled out all my investments with them, I couldn’t trust them! What’s in my wallet, yeh right, I wouldn’t want you to know:-)!!

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Post ID: @Albm+1sZH9PkU

Don't waste your money to get advice from a lawyer. It seems those who got the letter were not given data about what was overpaid such as severance, bonus or vacation days. I believe c1 is testing to see who will be scared and pay.

Because it's hundreds of people they can file hundreds of lawsuits to try and get it back. That would be a perfect time to state you were wrongfully terminated for one reason or another in front of a judge and you would ask the judge to have C1 to pay you for wrongful termination, discrimination, and harassment.

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Post ID: @xxmn+1sZH9PkU

Has anyone spoken to a lawyer? Just curious what they think of this atrocious situation. So disappointed in CapOne and very sorry for everyone who’s been affected by their greed!

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Post ID: @vutw+1sZH9PkU

Do not respond to ant demand letters. It's clear it was sent to hundreds and hundreds of employees. Keep in mind you were harassed and wrongfully terminated. They're now asking you to to repay something you don't owe period!!! Remember if you have a C1 savings, checking, or CD close it immediately so they can't use right of offset as a bank to take money from your accounts.

https://www.experian.com/blogs/ask-experian/what-is-right-of-offset/#:~:text=The%20right%20of%20offset%20allows,have%20with%20that%20financial%20institution

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Post ID: @umod+1sZH9PkU

Anyone received the second notice? The content is exactly the same as the first. Going to continue to ignore it.

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Post ID: @qrod+1sZH9PkU

Capone can eat my $|-|it. I and others ain't returning $|-|it.

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Post ID: @kftt+1sZH9PkU

My tenure with C1 was just short of 2 years, I'm loosing a great of money in 401k as well since it never got vested. Sc--w C1, I'm not paying anything back.

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Post ID: @iyhb+1sZH9PkU

I've spoken with multiple people that dirty company has sent demand letters asking for cash back. The requests are for thousands of dollars back. They must have sent that letter to hundreds of people.

Ignore them amd don't pay anything back. They harassed you out of a job so they should be giving you even more money.

This is totally unbelievable!!

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Post ID: @fxvs+1sZH9PkU

DO NOT PAY BACK! They can’t do jack! It’s your bonus! In my case, they sc--wed me and told me I will not get my bonus for some BS reason, I earned the bonus, they’re a disgusting company!!

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Post ID: @ddbw+1sZH9PkU

Dog a$$ beeootch. F# Capone.

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Post ID: @dyob+1sZH9PkU

@9gxn+1sZH9PkU

Uh oh, they are definitely f*g with you and everybody else. Intentionally clawing back money because they feel like it. Don't respond as it seems you don't owe them anything !!!

They harass you when you're there and when you've been fired come back and harass you again!!

F# Capone.

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Post ID: @9vpo+1sZH9PkU

@7qhz+1sZH9PkU They told me the money I owed was for PTO (and not for a bonus). They said they overpaid me by almost $4000 in PTO but I only got a check for $600 in PTO. 🤦‍♀️

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Post ID: @9gxn+1sZH9PkU

Poll: Is anyone here actually going to pay them back? Use up arrow for yes and down arrow for no.

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Post ID: @8zai+1sZH9PkU

Well tough luck capital one, what is paid is not yours anymore. Good luck getting the money back !!!

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Post ID: @8kiv+1sZH9PkU

To @7gnz+1sZH9PkU

I think what they're saying is that because you're placed on a PIP, you didn't deserve any bonus period, because you were a low performing employee, you weren't supposed to have gotten jack $h!t when you got fired.

A coworker who was PIPd and laid off this year told me his boss told him he was going to get his bonus after getting fired. But after his last day he asked them where was his money, and HR told him he ain't getting his bonus because he was a poor performing employee.

This leads me to believe all the fired employees who were contacted and asked to return money, was because C1 labeled them as poor performing employees, and they were not entitled to get any year end bonus. But were given it in mistake and now dirty Capone is asking for the cash back.

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Post ID: @7qhz+1sZH9PkU

I'm confused by how the bonus is calculated. I made a copy of the severance doc:

▪ Such termination occurs on or after April 1 of the annual performance period.
The amount of such Severance Bonus will be equivalent to your full (or prorated, as applicable) Annual
Cash Bonus under the CIP, provided that:
▪ If your termination date is prior to the date Annual Cash Bonus is approved by the Board of
Directors, your Severance Bonus amount will be based on the mid-point of your target Annual Bonus
range under the CIP at an Inconsistent performance rating; or
▪ If your termination date is on or after the date Annual Cash Bonus is approved by the Board of
Directors, your Severance Bonus amount will be based on your actual approved Annual Cash Bonus
amount (based on your calibrated rating for the annual performance period).

So depending on when the Annual Cash Bonus is approved, I either get half (mid-point) or the full amount. I got 12k and they are asking for 11k back. How is that correct?

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Post ID: @7gnz+1sZH9PkU

I called them and the explanation was that they mistakenly paid you the full year of bonus instead of prorated by the time you worked in 2024.

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Post ID: @6cns+1sZH9PkU

Drop an email to your local news agency, a simple Google search will provide the email. I wonder if everyone received this letter, or is it just a handful of us. I remember telling Randstad RiseSmart Service that I'm about to get an offer and surprise surprise I get the letter that they overpaid me.

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Post ID: @5wdp+1sZH9PkU

How to alert news media?

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Post ID: @5vmd+1sZH9PkU

Too funny. A bank that cannot accurately calculate payments? The fact that they cannot even properly pay out severance packages and have to send out threatening letters to try to claw back from the mistake they made with funds just adds insult to injury. This should be in the national news so that people can better understand who they are trusting with their financial matters. This is what you get when you have leadership who is culled from the best butt lickers.

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Post ID: @4pdh+1sZH9PkU

And let them try to forcefully take the money back. It will do wonders to their brand when this news leaks out.

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Post ID: @4dxh+1sZH9PkU

I agree that no one should call or respond to that letter. Very good point about not leaving any trail. CapOne is resolving to an alltime low with its petty attempt to exploit past employees.

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Post ID: @4erw+1sZH9PkU

@3wwn+1sZH9PkU good point! Thank you for saying that! A couple people have mentioned to me that it’s probably a scam and scammers got a mailing list of some who were redeployed. Food for thought… ugh.

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Post ID: @4one+1sZH9PkU

To the last poster @3qed+1sZH9PkU, no one should respond period!!! You're calling a recorded hotline that is recorded and get you in serious trouble, they recorded you having acknowledged their demand letter. Besides severance s a tax write off they can claim on their 2024 taxes.

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Post ID: @3wwn+1sZH9PkU

Has anyone called the number that’s in the letter to see what payroll says about the amount you owe? I’m curious what their response would be and how they would go about explaining why you owe. If anyone has called, share your experience here, please.

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Post ID: @3qed+1sZH9PkU

I get it now. Their merger with Discover Card is likely falling through so now they're digging into trash cans looking for cash. By demanding cash from former employees they harassed and fired. They are very low animals not even human.

F* Capone !!!

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Post ID: @3ydp+1sZH9PkU

They can freeze assets through right of offset.

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Post ID: @3exg+1sZH9PkU

I don't think they can just freeze any of our assets. They'll first have to go to court and prove without doubt that we were overpaid. Only then will any court allow them to have a constructive trusts on any of our assets.

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Post ID: @2yfe+1sZH9PkU

TO ALL THOSE WHO GOT A LETTER.

DON'T PAY!!!

FIRST IF YOU HAVE ANY C1 SAVINGS OR CHECKING OR ANY CREDIT CARDS OR OTHER FINANCIAL SERVICES CLOSE THEM IMMEDIATELY!!! OR CAPONE WILL FREEZE YOUR ACCOUNTS AND TAKE THE MONEY.

LET THEM SUE YOU FOR THEM OVERPAYING YOU SEVERANCE THEY NEED TO DOCUMENT WHY IT WAS OVERPAID. THEY'LL NEVER BE ABLE TO COME UP WITH AN EXPLANATION. I'M THINKING THEY ARE INTENTIONALLY DOING THIS BECAUSE THEY NEED THE MONEY AND WANT TO SEE IF THEY CAN CLAW IT BACK.

IF THEY DO SUE YOU ACCUSE THEM OF WRONG TERMINATION AND HARASSMENT AND ACCUSE THEM OF S-XISM, AGEISM, RACISM, MISOGYNY, DISCRIMINATION AND EVERYTHING ELSE. BUT DON'T RESPOND TO THEIR LETTER!!! LET THEM TAKE IT TO COURT WHICH THEY'LL NEVER DO, BECAUSE YOU'LL ACCUSE OF THEM WRONGFUL TERMINATION AND HARASSMENT.

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Post ID: @2tgu+1sZH9PkU

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