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  1. #1
    Join Date
    May 2007
    Posts
    3

    Post Employer Lied On Unemployment Form

    Hi. My husband worked for a carpet cleaning company that included the owner and 3 employees last year. In september, the company sold to a new owner, and only my huband and one of the employees continued working there. The new owner is the father of the one employee. The new employer would not take taxes out on my husband last fall, and would only pay him in cash. In december, the employer's son went out due to back surgery and did not return until March, so my husband ran the company. We finally got the man to takes taxes out in late January, and he retroed that to the beginning of the year.

    In March, the son returns, and begins telling my husband that he is costing the company too much money in taxes! (The son is on disability and works "under the table"...) As of 2 1/2 weeks ago, they told my husband there was no work, and they did not need him, so he went to file for unemployment.

    Today, the unemployment office called and said they employer wrote there was a lack of work, but my husband was only an "as needed" employee. That is a blatant lie, as he has worked full-time up until the past few weeks. However, the employer also never would give my husband check stubs, and has not yet reported this quarters earnings to unemployment.

    Is it likely that his claim will be denied now? If so, how do we convince unemployment that my husband was a full-time, permanent employee of this company?

  2. #2
    Join Date
    Apr 2007
    Posts
    62

    Default Re: Employer lied on form- plz help!!

    Most states follow the at-will employment model meaning that both the employer and employee can terminate the employment relationship "at-will." There are a few resons that are unlawful and others that you can sue for, but almost any reason, including none at all, is accceptable. Therefore, no work should be suffiecient to qualify for UI on the issue of termination.

    The problem he may face is that unless the employer properly withheld the P/R taxes and properly reported the wages and withholding on the state UI returns, he may not qualify from an earnings standpoint, until it is straightened out. While he can complain to the Department of Labor about the taxes situation and the lack of a withholding statement, it may take a while or necessitate a lawyer to straighten this out, and then, UI while likely be delayed considerably.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Employer lied on form- plz help!!

    Was this cash payment "under the table"? Did your husband receive a W-2 and pay taxes on all of the cash he was paid in 2006?

  4. #4
    Join Date
    May 2007
    Posts
    3

    Default Re: Employer Lied On Unemployment Form

    Yes, it was under the table. We didn't get a W-2 for last fall, or a 1099.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Employer Lied On Unemployment Form

    Well then, amend his tax returns to pay the taxes he owes, make a labor complaint with the state, and then when you make the argument to Unemployment you won't have to worry about getting caught up in a tax fraud situation.

  6. #6
    Join Date
    May 2007
    Posts
    3

    Default Re: Employer Lied On Unemployment Form

    I didn't keep a record of these wages- actually, I haven't kept a record of any of his wages. I know his employer is supposed to keep a record of that, but what if he didn't? Or, what if I can't get them from him?

  7. #7
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Employer Lied On Unemployment Form

    When somebody makes the choice to participate in tax fraud they run the risk that there won't be good records of the fraudulent transactions.

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