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Will I qualify for unemployment in NJ if I quit by job because my employer withheld taxes from my paycheck for 2009 but didn’t put them on my W-2 because he doesn’t have the money he withheld. He owes me a large amount of money and doesn’t have it right now to pay me.
Do you think my case would be approved threw NJ unemployment?
You should check with your state unemployment. In general, you do not get unemployment if you quit or are fired. When you file, the unemployment agency will then contact your previous employer to allow him to contest whether you should receive unemployment or not.
Seems like there is a separate issue of fraud from your employer that you can seek outside counsel for advice instead of quitting. Be sure to have proof that he withheld the taxes, through pay stubs, etc. This can be easily compared with the W-2 at the end of the year.
Contact your Attorney General's office and have all the proof to back your claims. If he's not paying you I would quit after contacting the Labor department to figure out if you will qualify for unemployment. If you are still being paid then just look for something else while the legal mess is sorted out.
I just had the same exact experience. I am waiting to see if unemployment will decide in my favor or if I will have to appeal it. I also reported my previous employer to the IRS and other governmental authorities. My situation is a little more complicated because my employer was an attorney. From my own personal experience it was not easy to stay in a situation such as this. When I began questioning the situation there was not any change. So, I was left with no other recourse but to leave. I called wage & labor and I was told this was an IRS issue, which I believe was incorrect. Anyhow, I have since had to hire an attorney just in case this situation gets any worse and my unemployment is denied and my tax issue is not rectified. In addition, my accountant has also been communicating with the IRS. I feel that if I had stayed in this situation any longer, then I would have been saying that what was happening was okay. I am not an attorney so I do not know if I have handled this correctly or not but what I do know is that I am doing what I believe is correct and hope that this does not happen to anyone else.
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