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38.25% in taxes taken from my final paycheck of $380 California California

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  • 38.25% in taxes taken from my final paycheck of $380 California California

    Hello, I was wondering if anyone can give me some advice on how I should handle this...

    On February 29th I emailed my employer saying that I'm resigning as of March 1st and that I would not be able to come back to the office and to please mail me a check for my accumulated vacation time and info regarding my employee benefits.

    I haven't heard anything from them for a few days so on March 4th I sent another email advising that it's been 72 hours and I haven't received anything so far and to mail it out asap. Still nothing for a few days... yesterday I received a check with a half-assed qickcalc "pay stub" that reads that the gross amount is $380 for 40 hours and that $145.35 was taken out as tax.

    I've used every possible calculator online with different variables, but I was not able to reproduce that. I even went to ADP website and checked it there. All my other checks from this company never had that much tax taken out of them and were processed through ADP. This was a hand written check with some fake stub and they ripped off 38.25% of it. I was claiming Married with 3 allowances on my W4.

    At this point I'm not even sure what to do... Any input would be greatly appreciated. Attached is a copy of the stub they sent me.
    Click image for larger version

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    Last edited by yelenaily; 03-08-2012, 07:45 PM.

  • #2
    Das ist in der Doktor!

    Have you tried calling HR yet? what did they say?
    You might want to start there.
    Good Luck.
    ..______________
    ~ Free advice is like your public defender,
    …you get what you pay for. ~ drr

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    • #3
      Or better yet; Payroll.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        My guess is it was taxed as a bonus. Federal tax of $95 is 25%. Bonuses are taxed federally at 25%.

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        • #5
          Agreed. Looks like a pretty standard bonus calcuation using the Flat Tax method. If the employer had choosen to use the Aggregate method the FIT would have likely been somewhat lower, but it is legally their choice which legal method they use to tax a supplemental wage payment.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Originally posted by yelenaily View Post
            Hello, I was wondering if anyone can give me some advice on how I should handle this...

            On February 29th I emailed my employer saying that I'm resigning as of March 1st and that I would not be able to come back to the office and to please mail me a check for my accumulated vacation time and info regarding my employee benefits.

            I haven't heard anything from them for a few days so on March 4th I sent another email advising that it's been 72 hours and I haven't received anything so far and to mail it out asap. Still nothing for a few days... yesterday I received a check with a half-assed qickcalc "pay stub" that reads that the gross amount is $380 for 40 hours and that $145.35 was taken out as tax.

            I've used every possible calculator online with different variables, but I was not able to reproduce that. I even went to ADP website and checked it there. All my other checks from this company never had that much tax taken out of them and were processed through ADP. This was a hand written check with some fake stub and they ripped off 38.25% of it. I was claiming Married with 3 allowances on my W4.

            At this point I'm not even sure what to do... Any input would be greatly appreciated. Attached is a copy of the stub they sent me.
            [ATTACH]453[/ATTACH]
            I don't think the wage deduction statement/ pay stub meets the legal requirement set forth in California . Like year to date totals. last 4 of SS number . Employer legal name etc. Ca has strict rules for the information required to be on the pay stub.
            Look at the DLSE Web site for this information. The totals are fine but need YTD on the stub. Then see at the end of the year if everything was reported and your wages/ W-2 match ALL of your stubs . I would ask for a legally drafted pay stub . Cite the rules . Which they should know anyway. Looks wrong to me. Needs rate of pay also. Definately not in compliance .
            Last edited by Interceptor; 03-09-2012, 05:36 PM.

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            • #7
              CLC 226(a)

              http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-243

              California Labor Code section 226.

              (a) Every employer shall, semimonthly or at the time of each payment of wages, furnish each of his or her employees, either as a detachable part of the check, draft, or voucher paying the employee's wages, or separately when wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except for any employee whose compensation is solely based on a salary and who is exempt from payment of overtime under subdivision (a) of Section 5 or any applicable order of the Industrial Welfare Commission, (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, 6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and the last four digits of his or her social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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