What would you like to do?
Can an employer withhold a paycheck after terminating an employee for theft?
The employee MUST be paid for any time they spend at the workplace leading up to and including the termination itself. If the employee reports to work and is fired five minute…s after clocking in, those five minutes must be paid. If the employee reports to work and is fired before being clocked in no pay may be due for that day. Some states have "minimum pay" laws stipulating that if an employee is compelled to report to work they must be paid for at least X number of hours (normally 2). You should check to see if your state has such a law, and if it does, you probably must pay the minimum hours even if the employee does not have the chance to clock in before termination. You should consult with an attorney or HR professional for completely accurate advice pertinent to your situation and location.
No. A 1099 is issued to self-employed contractors hired to do a job. If your employer issued you a 1099, they are telling your state's Dept of Employment and Dept of Revenue t…hat you're an independent contractor (self-employed). This means they generally are not withholding any taxes from your pay, nor are they paying their share of payroll taxes or paying unemployment insurance for you. This puts you on the hook for all your own self-employment taxes (FICA & Medicare) which is shared between an employer and an employee. You'll want to check on independent contractor laws in your state to see if your appropriately classified and your employer is paying what they're supposed to pay.
The employer is absolutely obligated to do so. Not doing so is subject to harsh penalties and even being responsible for the employees taxes. It is something taken very,… very seriously, and of course not only by the Feds, but State and even Unemployment, Workers Comp, and lots of interested parties at the State & Local level. Most all States, like the Feds, have a requirement that estimated taxes be made by everyone through the year...which is done by payroll withholding or by sending quarterly payments if self employed. Not doing so subjects the taxpayer to penalties and interest...and sometimes more.
Is it illegal for an employer to not pay their employee on the specified payday if the employee has earned a paycheck?
yes , it is illegal to not pay you... you need to file a civil case against your employer and try to sue them for more than what you made , to make it worth the hassel.
It is not legal - IT IS AN ABSOLUTE REQUIREMENT with severe penalties and pursued very vigorously for ANY employer (incorporated or not) to fail to withhold, payover tim…ely, contribute the matching FICA, etc. And - Withholding and payroll taxes (along with sales taxes) are considered trust funds and ALL officers and involved parties, even of a corporation, are PERSONALLY liable (joint and severally), so there is no protection. These cannot be discharged in bankruptcy either. Criminal charges are not uncommon. Getting the idea that these are not things to play around with?
Because you wouldn't get a paycheck at all the last three or four months of the year! Taxes take up as much as 30% of your total pay. ans First, no portion of withholding i…s the employer choice. It is absolutely regulated, required, reviewed, and if not followed, has substantial automatic financial penalties as well as possible criminal ones. Obviously the employer would prefer to do it less frequently too, as it would essentially cost less (in many ways including in cash flow) and certainly in accounting and other expenses. (And remember, much of what comes out of your paycheck is NOT withholding, but rather things like Social Security (FICA), which the employer is paying as much (and currently much more) than YOUR contribution portion is. Pretty much the same with what must be paid as unemployment and disability insurance, (or your contribution to a group insurance plan) where again, you are paying less than the employer. And of course that is the point of withholding...."Pay as you go". While even the government needs the cash flow to spend now, if it wasn't kept from them most people wouldn't be able to pay their bill when due. They would have spent the money! Now because your asking in such a way as if it would just be so much easier for everyone, and no problem for you to just write the check at the end of the year. How about doing it the other way? You know, pay all your going to owe...but at the start of the year? Sound good? See any problems with it? Can't do it because you haven't made it yet? But you could never do it if you didn't save for it...so you would have to "withhold" on yourself, every paycheck. Same result as having the employer do it for you - EXCEPT, all the things required to do so - calculating, accounting and even sending it in is handled for you. Easier. Now understand, the self employed, who aren't on someones payroll that handles it for them - they actually do just that. Whenever they get paid, they have to put the right amount to the side to pay over as tax (as well as many of the things previously mentioned - like their insurance premiums. The "estimated" tax is paid over quarterly, and again, all very all very regulated and reviewed, so if you don't pay over enough in each quarterly estimate, as determined by the computer looking back at how much and when you paid it, compared to how much you made and when you file your return (on April 15th for the prior year), you pay additional penalties and interest.
An employer can withhold not a penny of your paycheck without your prior written permission. Not fed taxes, not social security, not 401K or pension. And not money allegedly …stolen. Employer pays you in full and then sues you for the theft.
As long as you are at work, you must not talk to that former employee.
In theory, an employer can not terminate an employee out on disability, assuming you provided sufficient documentation. If you think you've been wrongly terminated, then… I'd contact the EEOC. They can provide you with more info and point you in the right direction.
Immediately after termination of employee. Otherwise contact the better business bureau.
The laws for withholding pay are different on a state by state basis in the United States. For example, the State of Arizona does not allow withholding pay by more than five d…ays. Other states have similar restrictions. General contract law requires that if one is employed, then one is scheduled to receive pay no later than at the beginning of the next pay period. This may be two weeks, one half month, monthly, etc. There are US Federal guidelines on when an employer can not pay you. Absent a court order... they may only withhold the portion YOU have indicated to them to withhold, such as taxes. The rest must be timely paid to you.
The taxes are sent to the taxing authorities. For example, your federal income taxes and Social Security taxes are sent to the IRS. State taxes are sent to your state tax depa…rtment. Other deductions are sent to the appropriate party. Charity deductions are sent to the charity. Insurance deductions are sent to the insurance company (or kept by your employer if they are self-insured). Savings deductions are sent to the savings institution. 401k deductions are sent to the 401k trustee.
Yes. An employer can interview an employee regarding a theft from the company. The employee should carefully review the company policies received at the time of hire and that …should be clearly posted at the place of employment. Generally, the employee can choose to have a union representative, lawyer or other person present during the interview or can refuse to be interviewed. However, if they refuse, they may be subject to termination depending on the posted company policy. If an employee is involved in theft from their employer, they should consult with an attorney before being questioned.
So here's where I'm at. I always claimed zero at work and got a big tax return. I got $8500 or so in 2013. I adjusted it at work (not sure to what) and got $500 more in my… paycheck each month. My refund this yea was about $4600. 1770 on state and 2800+ on fed. Since it only dropped in half by taking $500 in my check, could I take another $400 or so and try to get it near $0. Trying to get as little as possible without going into the negative
Your employer sends it to the federal government to help your income tax bill