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Recent Deduction questions

During the 60-day notification period after role

During the 60-day notification period after role elimination, can a company prevent an employee from 401K deductions from their paycheck or stop company match?

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Marsha411JD

Doctoral Degree

19,670 satisfied customers
I am looking to leave my employer (I am a salesperson) but

I am looking to leave my employer (I am a salesperson) but worried about "office expenses". These debts are usually deducted from payable commissions before I receive them, but accrue in the background. I have accrued debts from 2016 that are rolling into 2017. In 2016 I was considered a "statutory employee" on a W2. For the calendar year 2017, I am considered an independent contractor due to low performance. I am concerned about being liable for these balances

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Infolawyer

Attorney

Juris Doctor.

42,374 satisfied customers
How are small business owners required to retain records

How long are small business owners required to retain records such as employees daily log sheets of their daily activities?JA: Was this discussed with a manager, HR, or an attorney?Customer: noJA: Is the employment "at will," union, full time, or part time?Customer: full tmeJA: Anything else you want the lawyer to know before I connect you?Customer: Yes.. over 15 years I've been cheated out of about 1 hour per week. not enough to notice or get my attention but I can't prove it.

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John

Attorney

Doctoral Degree

9,282 satisfied customers
I was injured in a car accident while working, just after I

I was injured in a car accident while working, just after I signed a paper stating my intent to go part time on April 23 due to changed staffing needs. This followed a extended leave for surgery, on FMLA covered by my short term disability. So, I have been off work since march 24 due to restrictions. Now, they can accommodate my restrictions and have work for me in the office. My question is this. If I return to work in the office, does this mean that the workers comp payments decrease to part time on April 23, or would that have happened anyway? I have not been able to find part time or full time work due to pain and time spent in therapy since the accident. Do they have to retain me as full time until I am discharged from WC care?

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John

Attorney

Doctoral Degree

9,282 satisfied customers
My son just got his first job. He has not been trained to id

My son just got his first job. He has not been trained to id fake money and 2 other people were in his register. They wrote him up and said they were deducting the money from his pay check. Is that legal in fl?JA: Have you talked to a lawyer yet?Customer: No he just told me when he came home. Its his second week 5th day and they dont give him a money marker to check the money.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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John

Attorney

Doctoral Degree

9,282 satisfied customers
Was fired from IRS for filing, Unemployment 2 years in a row

HiJA: Hi. How can we be of help?Customer: Was fired from IRS for filingJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Unemployment 2 years in a row both were for a weekJA: Is the employment agreement "at will," union, full time or part time?Customer: I was PT perm employee, we have union.JA: Anything else you want the lawyer to know before I connect you?Customer: They did an investigation " basically asked questions" and want to settle with me

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John

Attorney

Doctoral Degree

9,282 satisfied customers
My company overpaid my salary while I was on a leave without

My company overpaid my salary while I was on a leave without pay. I did not notice the overpayment because it went to a joint account, managed by my husband. I was on a medical leave, short term disability for six months. I discovered the overpayment in January 2017 and reported it immediately to the company payroll department. No one did anything and kept paying my pay. I asked them to stop and then they paid me again. I was on a six month medical short term disability during this time. The company never responded until last week, in spite of me continuing to email and ask to speak with HR, Legal or payroll. I tried to escalate the issue. Last week the company terminated me because I had exhausted 6 months of medical leave and could not return to work. Now I am unemployed and on long term disability, bad physical disability. The company says I have to repay them and I agreed to reimburse the net pay plus any benefits they paid on my behalf (that I would have paid if I was working). Their short term disability policy is that the company will pay your benefits while on a leave and you pay them back upon your return. Now they say they cannot correct a W2 wages for 2016 even if I pay them back, and they are asking for gross pay. Since this error is theirs to begin with and went on repeatedly in spite of me telling them about it and to stop, I feel they should not try to make me pay the overpayment of salary back. And, if I did pay back wages for 2016, and there is no corrected W2 that means I will be paying an extra $4k to the IRS due to the higher wages + have to pay them back. How can I fight this since I am disabled and feel they were negligent in the payroll overpayment and would not stop overpaying me until I finally was able to communicate with someone...the same week I got terminated for not being released to work.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Texas Company is headquarterd in New Jersey I was a consultant who travelled to client sites for work but I live in Texas I should have some recourse under the circumstancesJA: Has anything been filed or reported?Customer: No However, they told me today I have to repay 2016 gross salary and that the IRS will not allow them to issue a corrected W2 since repayment would take place in a different calendar year than when the overpayment was made. They also overpaid me in January, Feb. 2017; but right now I am worried about 2016. I asked them to escalate their error and the situation and ask to write off the overpayment for 2016 since in was their error, they did not stop and correct it even though I notified them multiple times.JA: Anything else you want the lawyer to know before I connect you?Customer: I want to know my options. Also, I have a membership with you guys so how do I log on and use it help with this?JA: No, you can ask a one off question to try things out.Customer: Ok

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,670 satisfied customers
For the past 3 years I've worked as an Independent

For the past 3 years I've worked as an Independent Contractor with a Company who does not deduct taxes, etc. and isssues a 1099 at year end.I'm planning to leave the Company this week. The employer had me sign an Employee Handbook which shows No Compete for 12 months. Before I signed I indicated I'm not an employee, they said it's OK sign it anyway.I'm planning to work for another company selling items that the previous company no longer sells.What now.

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Patrick, Esq.

Doctoral Degree

20,058 satisfied customers
I'm a w2 commissioned sales person for a new home builder,

I'm a w2 commissioned sales person for a new home builder, 1/2 of my commissions are paid as an advance, the balance at the closing of the home. I was given a new employment contact stating that if I terminate from the company, I am obligated to pay back all the advances I've received. I just started working Sept. 2016, based on my calculations I would owe the $40,404 if I left today (of course if I signed this new agreement). If I don't sign the agreement my employment would be terminated. Is this legal?

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Infolawyer

Attorney

Juris Doctor.

42,374 satisfied customers
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