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#55438 - 08/29/05 04:22 PM employer did not pay into unemployment  
jayson  Offline
Member
Joined: May 2004
Posts: 49
russellspringsky
some guys at work got laid off friday and found out today when they filed unemployment that the company didnot pay into unemployment. what can they do about it? they were denied unemployment because ofit.


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#55439 - 08/29/05 06:26 PM Re: employer did not pay into unemployment  
luckyshadow  Offline
Member
Joined: Jan 2005
Posts: 305
Maryland USA
I am no expert on this subject but if they were employed above board and taxes and such deducted from their paychecks; I would gather my pay stubs and go to the unemployment office with them. They may be able to go after this contractor. Whatever you do DO NOT give up your original pay stubs !! They are your only proof.Might even try talking with the local licensing department.
If they were not having taxes and such held back from their paychecks they may have been listed as sub-contractors and then the tax burden is theirs , and they may not qualify for unemployment.
You are still working there- correct ? You might want to look into this also, Don't want to wish ill harm , but what if you found yourself in the same boat ?


#55440 - 08/29/05 06:38 PM Re: employer did not pay into unemployment  
jayson  Offline
Member
Joined: May 2004
Posts: 49
russellspringsky
yeah im still working there


#55441 - 08/29/05 07:22 PM Re: employer did not pay into unemployment  
e57  Offline
Member
Joined: May 2003
Posts: 2,876
S.F.,CA USA
I would be looking at other options for employment for yourself, as well as investigating your own situation. If he did it to them... He may have done it to you too. And this guy may be in some deep crapola soon.... Although it seems your state is more casual about this, other state would have his head, not withstanding Federal obligation as well. And the feds have different ideas of what constitutes an employee, by what-ever name you call them. An independant contractor who gets paid with a regular pay check by the hour, is an employee to them.

Quote
WHAT HAPPENS IF I DO NOT PAY MY UNEMPLOYMENT TAX?

As explained above, you are liable for interest and penalties if you do not file reports and pay your tax by the required due dates. You will be notified in writing of any amount assessed against you, and you may be contacted by a field auditor who will attempt to collect the amount due.

Your unemployment tax and any related penalty or interest is a legal obligation imposed upon you as an employer. There is no authority in the law to reduce, compromise or eliminate any portion of this obligation, and the division must make every effort to collect it. However, we recognize that you may encounter financial difficulties which may delay your ability to pay your taxes. Partial payment plans which allow you to pay your delinquent balance in installments may be arranged in some cases. However, you will continue to incur interest charges on the unpaid balance.

If you refuse to pay the tax, interest and penalties assessed by the division, we will proceed with legal action in an effort to recover the amount due. Several methods are used to collect taxes that are due, including:

1. Filing a tax lien on your real and personal property.


2. Issuance of a temporary injunction on the operation of your business.


3. Initiating civil action for payment.


4. Levy against assets, including bank accounts, wages and accounts receivable.


5. Attaching and causing the sale of real property.
From: http://www.oet.ky.gov/des/ui/emguide/page10.asp

Also see: http://www.lrc.state.ky.us/KRS/341-00/CHAPTER.HTM


Mark Heller
"Well - I oughta....." -Jackie Gleason

#55442 - 08/29/05 08:54 PM Re: employer did not pay into unemployment  
jayson  Offline
Member
Joined: May 2004
Posts: 49
russellspringsky
but can these guys call the laborboard or something?i hte to be like a whistle blower or something but these guys are pretty much screwed. nd the same could happen to me.


#55443 - 08/29/05 09:01 PM Re: employer did not pay into unemployment  
LK  Offline
Member
Joined: Jan 2003
Posts: 1,429
New Jersey
Here in Jersey if we did that, first i would be posting this message from a jail cell, and when i got out i would still owe the money, and have no Lic. to continue operating.
Check your pay stup now, see if all the deductions are listed on the stub.


#55444 - 08/29/05 09:27 PM Re: employer did not pay into unemployment  
renosteinke  Offline
Cat Servant
Member
Joined: Jan 2005
Posts: 5,316
Blue Collar Country
Sounds like the employer is in for a rough time.....
Here in Reno, we had three cab companies. The largest played a similar game with workmans' comp., as well as unemployment. When the dust settled, he had to sell all assets at auction.
Now there are two cab companies- one HUGE, one tiny.

Now, that doesn't help you much. If you can proove that you worked there, and were an employee, than you might be able to eventually collect- but it will take a while.


#55445 - 08/29/05 09:29 PM Re: employer did not pay into unemployment  
e57  Offline
Member
Joined: May 2003
Posts: 2,876
S.F.,CA USA
Even if listed on the stub, it could be in his pocket, up-paid to FUTA and the rest.


Mark Heller
"Well - I oughta....." -Jackie Gleason

#55446 - 08/29/05 10:04 PM Re: employer did not pay into unemployment  
caselec  Offline
Member
Joined: Apr 2002
Posts: 558
San Jose, CA
I’m not sure how you would get away with not paying FUTA if you are making your Social Security/Medicare and withholding deposits. The IRS would figure this out pretty quick. If the FUTA payments were really not made I would guess that all of the deductions on your check are going into someone’s pocket. I would contact the IRS and Social Security Administration.

Curt


Curt Swartz

#55447 - 08/29/05 10:28 PM Re: employer did not pay into unemployment  
Electric Eagle  Offline
Member
Joined: Apr 2002
Posts: 914
Alpharetta, GA
If the employer was paying them as a sub(no taxes deducted+ other rules), then they may not have a claim. If the employer did deduct taxes from the checks, then they should be able to recieve benefits if they qualify under other guidlines and the employer is in trouble.

In most areas, if they weren't employeed for 12 weeks, they don't qualify for benefits.


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