Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was off on 1/15 but did not receive my last check until…

Customer Question
I was laid off on...
I was laid off on 1/15 but did not receive my last check until 1/31. Also, I was paid cash when I first started and because that pay didn't count, I was denied umemployment
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 15 minutes by:
2/3/2016
Employment Lawyer: John, Employment Lawyer replied 2 years ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,043
Experience: Exclusively practice labor and employment law.
Verified

The only thing this law (H.R. 1314) does that will be recognizable to the average person is as follows:

Deemed Filing

  • The law now automatically deems a claimant who applies for retirement benefits to have applied for any spousal benefit to which he or she is eligible, for any month in which he or she is eligible. (previously you could take your spouses benefits while yours accumulated)
  • Automatically deems a claimant who applies for a spousal benefit based on age to have applied for his or her retirement benefit for any month in which he or she is eligible. (previously you could suspend your benefits while they gained in amount after full retirement age, and you'd draw off your spouse while your benefits grew to a max)
  • Effective for individuals who attain age 62 after December 31, 2015.

Voluntary Suspension of Benefits

  • Prohibits:
    • any individual from receiving retroactive benefits for a period of voluntary suspension;
    • any individual from receiving benefits based on the earnings of an individual who has suspended his or her benefits, during the period of suspension; and
    • an individual whose benefits are suspended from receiving benefits on any other record, during the period of suspension.
  • Effective for requests for suspension submitted beginning 180 days after the date of enactment

What these changes do is phase out ways that married dual earner couples were using their credits to take in more social security $. Namely:

  • File and Suspend Strategy. This strategy works for couples in which one spouse is ready to retire, but the other spouse is planning to continue working. A working spouse who has reached full retirement age can file for benefits and then immediately suspend them. Once the worker suspends benefits, the non-working spouse can begin receiving spousal benefits while the worker continues to work. The longer the worker delays retirement, the more delayed retirement credits he or she will accumulate.
  • Claim Now, Claim More Later Strategy . Under this strategy, the spouse who earned less would claim early retirement benefits at 62 while the higher-earning spouse waited. The higher-earning spouse would claim a spousal benefit once he or she reached full retirement age. Then at 70, the higher-earning spouse would claim the maximum amount of his or her retirement benefit and stop receiving the spousal benefit.

If you already used these strategies or never planned to use them, then you have nothing to worry about. If you planned to use them for your spouse, then you need to do that before the law changes.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
I don't think you answered my question. This for unemployment benefits and getting paid cash v. W2 taxable wages
Employment Lawyer: John, Employment Lawyer replied 2 years ago

Yes this was response to another question and a website gitch. I' opt out

Ask Your Own Employment Law Question
Employment Lawyer: Legalease, Lawyer replied 2 years ago
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,440
Experience: 13 years experience in employment law, unions, contracts, workers comp law
Verified

Hello there -

-

Wow ! There did seem to be a material GLITCH here -- the response given was not on target to the question that you are asking and I apologize for it. Sometimes the screens slip on our end so we can be viewing a different question and the answer to THAT question ends up getting posted. I am another attorney here at Just Answer with specific experience regarding employment law and whether/when an employee is paid in (A) cash (B) W 2 or (C) 1099 issue as well as how any or all of these payment methods interact with unemployment benefits.

-

If you have proof that you worked certain months or time periods and were paid in cash (anything at all that you can produce as evidence in this matter will help -- if you do not have anything that states the amount of cash you were paid you can use emails and other documents with dates so that you can show that you WERE working for this company during that time period in question). If you have any witnesses who are willing to sign a short statement that sets forth any of the dates that you worked in that time period, then any such statements would help you immensely. You have no idea how this company will react when you file the unemployment claim again and claim that you worked during a certain time period ---- they may smile and say (A) Oh! We are sorry we forgot to write in those months for him, but he did work it and let us get you that information ---- OR (B) Oh! HE is mistaken and he only worked here from XXXXXX to XXXXXXX. That is your real issue here -- how the company will handle the matter when you make the claim through the Dept of Labor and the Unemployment Dept.

-

If they deny that you worked the additional time and you have some proof, then you will have to submit that proof to the Dept of Labor regarding the matter and you should reopen your unemployment claim so they will end up using the correct dates of employment to calculate your unemployment benefits. Remember -- you have done NOTHING wrong here in this situation and you simply want the taxes paid AND the unemployment department notified of the proper dates that you worked so that you will receive a fair unemployment check as you are entitled to under law. Here are some links for you to the appropriate websites --

Illinois Dept of Revenue / Wage & Hour issues -- http://www.revenue.state.il.us/#&panel1-5

and an article discussing wage & hour issues -- http://www.accountingweb.com/aa/standards/employers-paying-the-penalty-for-wage-and-hour-violations

-

Here is the Dept of Labor / Wage & Hour Complaint forms and instructions: https://www.illinois.gov/idol/Pages/Complaints.aspx

-

Here is the Dept of Labor / unemployment department complaint center: http://www.ides.illinois.gov/Pages/BenefitRightsInformation.aspx

-

In your case, start with the Illinois Dept of Labor and file a complaint regarding the payment of wages and taxes and then go back to the unemployment section of the Dept of labor and file a claim listing all of the months that you worked for them where they paid you cash and did not declare those months -- and then you should also contact the Illinois Tax Department because THAT agency is the one with the teeth and if you have some proof that you worked for a company and were paid cash in hand then the Tax Department wants to know about it. As a matter of fact, once the tax department gets involved, the other state agencies will fall right in line after that.

-

-

I hope that helps. Please let me know if you have further questions. If not, can you please press a positive rating in the ratings section above so I will be paid for my time? I am paid nothing for assisting you with this answer unless you press a positive rating above in the 5 star rating section. If you press the middle star or the fourth or fifth star on the right then you will be pressing a positive rating and I will be paid for my time helping you. Pressing a positive rating will NOT cost you any additional money -- it simply acts as the trigger to Just Answer (this website) to pay me for my time helping you with this. THANK YOU VERY MUCH !!

I hope all of this works out for you and again we apologize for the mix up regarding the answers. You should have no problems filing these complaints and there are no legal issues for you if you open up these issues on this former employer with the Dept of Labor and the Dept of Revenue. In the event that they try to throw this back at you and say you somehoe "knew" that this was happening and how you were being paid -- you simply tell them that you had NO idea that you were being paid "off the books" and you want it corrected so that you can receive the correct amount of unemployment benefits for the correct amount of time worked !!!

-

MARY

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16,440
16,440 Satisfied Customers
Experience: 13 years experience in employment law, unions, contracts, workers comp law

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

6,043 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Although I live in NJ (and am typing this from my NJ home),
Although I live in NJ (and am typing this from my NJ home), it is a question about New York Unemployment Insurance since I am employed in NYC. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
NJ was off in 2012 and collecting unemployment - left
NJ was laid off in 2012 and collecting unemployment - left my pension at company - now over a year later I get emailed from former employer that pension plan is being terminated and sending papers for… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I was laid off & retired on 9/2/11. I turned 66 on 12/15/11
I was laid off & retired on 9/2/11. I turned 66 on 12/15/11 (born 12/15/45), and collected my first SS payment during Oct. 2011. I received severance pay & payment for unused vacation/sick pay in my f… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
the company i worked for laided off everyone because they were
the company i worked for laided off everyone because they were closing down we were laid off untill further notice on 1-15-2013 on 1-16-2013 they called 3 workers back but instead of getting a pay che… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
After my severance pay has been exhausted, am I not eligible
After my severance pay has been exhausted, am I not eligible for unemployment benefits. The first time time I applied I was advised that I was disqualified from 02-06-11 thru the week of 05-26-12 and … read more
Legalease
Legalease
Lawyer
Doctor of Law w/ highest honors
16,440 satisfied customers
I was off Dec. 27th, 2011. When I started work Sept. 27th
I was laid off Dec. 27th, 2011. When I started work Sept. 27th 2010 my employer took $1000.00 out of my checks. He stated this was for payment for medical ins for 30 days after my employment ended. Th… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I was laid off in July 2008 from a company I worked for for
I was laid off in July 2008 from a company I worked for for over 4 years. I signed a sheet outlining my severance, which I believe was for 4 weeks. A week later a began a new job working for a company… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Pennsylvania. I was laid off 12/15/11 and the company
I live in Pennsylvania. I was laid off 12/15/11 and the company and I signed an agreement; I filed for unemployment 12/16/11 and was approved and received first check 12/30/11. My employer under the a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was laid off on October 31. My employer gave me a lump sum
I was laid off on October 31. My employer gave me a lump sum payment for vacation time I had accrued. Paycheck was on October 31. I went to file for unemployment insurance and the unemployment insuran… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I have just been laid off from my job as estimator in a construction
I have just been laid off from my job as estimator in a construction firm. I will be paid for four weeks for not working then all compensation ceases. I am activily seeking employment by sending out m… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Hi, I was laid off and received a severance package. Correctly,
Hi, I was laid off and received a severance package. Correctly, unemployment insurance did not kick in until the amount of severance was equal to the number of weeks that I was unemployeed. I'm fine w… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
What should I say to pass my CA unemployment benefit eligilbilty
What should I say to pass my CA unemployment benefit eligilbilty phone interview? I've already been receiving benefits for a year. The year endend & I was automatically re-applied since I did work a f… read more
socrateaser
socrateaser
1,031 satisfied customers
I recently was accused of unemployment fraud. I am a seasonal
I recently was accused of unemployment fraud. I am a seasonal wild lands fire fighter, age 23. I was laid off in 2008 after working for Utah seven months. I filed for unemployment, but was denied as I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
my husbands pay period is Fri-Thursday. He is an exempt employee
my husband's pay period is Fri-Thursday. He is an exempt employee and he gets paid when he is off for weather or work is slow. he worked last Friday and had off Mon-today. Today his boss laid him off … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
HI MY SON WAS RECENTLY LAID OFF, 12/31/09 FOR A JOB IN A
HI XXXXX RECENTLY LAID OFF, 12/31/09 FOR A JOB IN A RESTAURANT IN VAIL CO. PAYDAY WAS TO BE JANUARY 5, THAT IS THE DATE THE CHECK IS DATED. THE CHECK WAS NOT MAILED UNTIL JAN 12, RECEIVED ON THE 16TH … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am a retiree from the State of California and receive pension
I am a retiree from the State of California and receive pension from CalPERS. Until recently, I also continued working for the state as a Retired Annuitant of which I am entitled to work a max of 960 … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
hi is there somebody here who can ans my denial of unemployment
hi is there somebody here who can ans my denial of unemployment extention because I don't have excess of 40 x my weekly benefit for the state of CA?… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I was recently laid off from my sales position in Kansas.
I was recently laid off from my sales position in Kansas. So far my employer has not paid me for commissions earned, but not yet paid. How is the best way to confront her on this. Also, does this mone… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x