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Pay checks bounced, witholdings reported on funds not received North Carolina

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  • Pay checks bounced, witholdings reported on funds not received North Carolina

    My husband's former employer bounced 7 pay checks last fall. He eventually came up with the cash for all but 3 checks. It has been very hard to get him to even acknowledge he owes us money, and he is constantly trying to confuse the dates and amount owed. We have records, he just plays dumb. It has now been 6 months and he still has not paid us. He withheld State and Federal taxes, as well as Social Security, and reported them to the appropriate agencies. We have received the W9(?) form so we can file our income taxes, but we still have not received the income. The employer has now become belligerent and is threatening to file bankruptcy so that "we will get nothing". I have told him that bankruptcy won't protect him from the police if we file a complaint for the bad checks. Can I file some kind of complaint with the treasury and/or social security for withholding and reporting these witholdings on money we never received, and if so, what kind of penalties are associated with this type of fraud?
    The situation is actually much worse, but I'll save the other issues for another post.

  • #2
    The penalties he might receive are none of your concern. File a wage claim with the state DOL or sue him in small claims and let the state/judge worry about his penalties. Your husband's concern is with getting the money due him, not what penalty the state/court might choose to assign.
    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.

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    • #3
      Originally posted by cbg View Post
      The penalties he might receive are none of your concern. File a wage claim with the state DOL or sue him in small claims and let the state/judge worry about his penalties. Your husband's concern is with getting the money due him, not what penalty the state/court might choose to assign.
      Alrighty then, I can see this is a waste of time
      HND

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      • #4
        Actually, the entire issue is my concern, and obviously, you have no legal advice, and are likely not even legally trained. This whole forum appears to be useless

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        • #5
          Alrighty then, I can see this is a waste of time
          Oh ok, I hadn't even read this thread when I replied to the other.

          All I have in response now is, "Bye, Felicia!"

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          • #6
            No, the penalties that might be assigned to the employer are not your concern, nor are they your husband's concern. You do have options, but you don't get to choose the option you like best based on how the employer will be punished for any misdeeds. Either you're concerned about getting the money due your husband or you're not. If you are, then you file a wage claim or you go the small claims route and you don't worry about the penalties. If you're more concerned with the penalties than you are with getting what your husband is due, then that just tells us what kind of a person you are, and it's not a pretty story.
            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

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