Wage investigation (attorney, unemployment, income)

[klubbbanguz]

ok i have filed for unemployment in November of 2012 ..i was denied ....the employer said ive never worked there ...so since i had paystubs i faxed them over as proof that i was employed ...the problem is that UC says i have no wages earned ever in the 4 years i worked there...i filed for an appeal i won my case..the problem is the wage investigation. i was told by the old ceo of the company that he has none of my pay records...now in a case like this where a employer doesnt have recorded pay information on in employee l.what will UC do???? and what is the time limit on a wage investigation in pa..no remind u that it is april..any advice would help

[Hopes]

I don't know but I doubt a company can get away with claiming you weren't an employee when you have pay stubs. You've showed unemployment your pay stubs, right? Or did you just fax them to the paystubs to your ex-employer? Is your name and social security number on the pay stubs? What do you mean by the OLD CEO? Is the company no longer in business? It sounds like the company deducted taxes from your pay but never paid the taxes. That's against the law. It's stealing from you and the government.

All I can find on wage investigations is that you should continue to file your weekly claims while the investigation is ongoing.

https://www.azdes.gov/main.aspx?menu=317&id=3834

You'll get a big lump-sum payment on back unemployment once it's all straightened out.

It's a good thing you kept your paystubs. Many people don't. I make sure every member of my family keeps all of their paystubs.

[Hopes]

Did you file your federal and state income taxes each April? Do you have copies? Do you still have the W2s for each year?

Either way, I'd report this to the IRS, the PA Dept of Revenue, and the Hour and Wage Department.

[klubbbanguz]

well the company has went threw many different banks for pay roll some checks would b legit pay stub checks and others would b from a personal check as wich he stated he was taking taxes out which he wasn't and ive never had proper w2 wages reported my 2011 says i only made 120 bucks and yes the ceo of the company was fired ,...but i am afraid that my proper wages are not going to b reported meaning a lesser unemployment payment....ive already won my appeal so a wage investigation was the out come

[klubbbanguz]

and i havent filed my tax info yet becouse im single and i dont get alot back so i figured i would wait to file for a bigger pay but ..
and also i had to go threw the labor law department for my last check and i only received 12 hours out of the 52 that he owed me

[Hopes]

Hopefully a wage investigation involves the government going through their records and books with a fine tooth comb.

In the meantime, it sounds like it's possible you may be screwed. I'd focus on finding a job.

Consider this a learning experience so you know to never let an employer do this to you again.

[klubbbanguz]

well i have a attorney that is looking into it ..i know i was toking advantage of but to b honest i needed the job so i put up with it till i could no longer...i am trying to get payed back for the hours i didnt get payed for and over time ive never recivd ..i called uc they said they made a decision im just waiting on the letter ut if it is not accurate i can appeal that right?

[Not Quite Right]

The UC will have field accounting investigate the records submitted by your former employer to see if they can find the records of your earnings. The CEO may not have your records but they had to have filed quarterlyreports your earnings with the company. The most common reason you may not be showing wages is your social security number may have been entered incorrectly. If off by 1 digit your earnings will not show. Look at your W2 and check your SS#. If it is correct, it may have been incorrectly recorded on the quarterly reports. If they still cannot find your wages, then they will then use your paystubs to determine your financial eligibility.

The attorney is kind of a waste IMHO because at this point there is a possibility, that even when your wages are added to your wage record, you may not have enough wages to be financially eligible. Also......from your previous statement:

to b honest i needed the job so i put up with it till i could no longer...

Sounds like you quit the job. If that is the case, once and if you are found financially eligible then there has to be fact finding done to determine if you had good cause to quit. The burden of proof then falls to you. If you cannot prove you had good cause you will be ruled ineligible.

My advice to you is: Call the UC office once a week for updates on the wage investigation. If you haven't started already, you should be filing biweekly.

[Hopes]

Originally Posted by Not Quite Right

Sounds like you quit the job. If that is the case, once and if you are found financially eligible then there has to be fact finding done to determine if you had good cause to quit. The burden of proof then falls to you. If you cannot prove you had good cause you will be ruled ineligible.

He already stated that he has been determined eligible when he won on appeal. The only issue that remains is the wage investigation.

[klubbbanguz]

besides you cant say to unemployment this guy never worked here. so all i had to do was prove that i worked and infact i worked there for maybe 3 -4 years.. thats easily disputable the employer is paying out of a personal bank account ...so why would any wages show up? or how about this he used to give us 2 checks on payday..one payroll with a couple hours and the rest in a personal check.. with taxes supposedly took n out of both maybe thats y...