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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17029
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I worked at a company Aug 2011 until May 2013, when I left

Resolved Question:

I worked at a company Aug 2011 until May 2013, when I left for another opportunity. I receive a bonus from my previous employer based of off the previous fiscal year (2012). I gave my notice in May 2013. The day after I gave notice, bonuses were deposited. I noticed on my online bank statement, my bonus was deposited by my employer and then removed the same day. Knowing that bonuses are not 100% guaranteed, I left it alone since I only had to weeks remaining at the employer.

I then noticed that on my online pay site, the company recorded that they paid me this bonus, along with taxes removed from the amount. Obviously I never received this. More then two months later, the ADP pay site still says I was paid the bonus and taxes were taken from it.

Can you please advise if I should contact my former employer? Should they be paying me that bonus, especially since I was employed FY 2012 with them, and technically still an employee the date it was to be deposited, and they paid taxes on it, and it is now reported as income?

Thanks so much.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. If this is a guaranteed bonus based on prior year's performance, then the key is whether or not the employer has a written policy that says that the employee must be "employed" on the day the bonus payment is made. If they do have such a policy, and you were not employed on the day payment was made, then they could lawfully withhold such payment. However, if there is no such written policy, or you were still employed on the payment date, then they owe you that money and you could file a wage claim for "unpaid wage supplements" with the State DOL. You can find the form you would need at: http://www.labor.ny.gov/workerprotection/laborstandards/workprot/lshmpg.shtm

Over and above that, because there may be an actual mix up in your wage reporting, I would recommend that you call HR and speak to the payroll people about this issue. You might want to approach it by asking for an official reason why the money was withdrawn and then move on to the fact that the ADP records are incorrect and you, at the very least, need to make sure that your W-2 you receive for this year is correct. Then, depending on what they say, you can still file a wage claim if they don't provide an answer that is satisfying about why you weren't paid.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17029
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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