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    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #1

    Sep 8, 2016, 04:11 PM
    Tax question
    If this has been asked, my apologies for asking again.

    My husband has been with a company for approximately a year. He found out today (Sept 8 2016) that his boss is shutting down the company, which is an otr truck driving company, and when my husband questioned his boss about w-2s and taxes, his boss blatantly said he hadn't held back the taxes he was withholding from pay checks. On my husbands check stubs it shows taxes being taken out and my husband filled out a w-4 . So finding out his boss basically has no money to turn into the IRS at the end of the year has both me and my husband worried. My question is who will get penalized for the employer not having the tax money and what is our best course of action? His employer owes us $8900 in back paychecks and miscellaneous other things also. It's a big mess to say the lease... Thank you for any help!
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    Sep 8, 2016, 04:19 PM
    Contact the Dept of Labor. This is highly illegal. On the list of creditors, payroll is FIRST. That sounds better than it might turn out to be, however. The sooner you do this the better.
    Payroll taxes are not turned in at the end of the year. They are turned in at the end of each month.
    How did your husband let so much back pay slide? What are the other things? I hope he isn't using his own truck. If he is, and the employer is faking the whole 'employer/employee' status, and treating everyone as sub contractors, it gets much worse.
    You have copies of the W4?

    An employee is entitled to use taxes withheld when doing a tax return. The fact that the employer didn't pay them is not relevant. It's going to be tough without a W2, however, so call tomorrow. The feds and the state go after the employer totally separately.

    If this isn't the kind of guy who goes around killing people, tell him that he can pay you now today in cash and you won't call the DoL a minute later.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #3

    Sep 8, 2016, 04:25 PM
    He is using a company truck. And yes we have copies of the w4. We allowed so much back pay due to the employer saying the usual "when money gets built back up, I'll pay you back".my husband went 6 weeks with no paycheck amidst all this. We have wanted to contact dept of labor but was unsure if that's the right route to take. This has sideswiped us in so many ways.

    Also if this is of any help in a good solution with my issue, anytime anything monetary wise is brought up the employer says he'll just file bankruptcy so no one will get the money he owes them.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #4

    Sep 8, 2016, 04:44 PM
    Payroll and payroll taxes cannot be avoided ("discharged") in bankruptcy.
    He might be lying.
    He might even be paying those who know, and seeing what he can lie about with those who don't.
    TOMORROW.

    This sounds more and more like lying. He forks over the cash tomorrow or you report him tomorrow. Tell him that. And watch your back.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #5

    Sep 8, 2016, 04:50 PM
    At this point my husband is the only employee still with the company because we're owed so much money. May not be the most logical reasoning I know. We've debated filing a civil suit over the money that's owed, but finding out that taxes that show were withheld, really haven't been, that's taken precedence. We're a family of 7 and the thought of owing the IRS has me unsettled.

    And my husband has a good 45 minutes recorded conversation of him promising to pay and then he back steps on taxes, payroll and him claiming he'll file bankruptcy to get everyone to shut up.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #6

    Sep 8, 2016, 05:31 PM
    You aren't hearing me.
    YOU DON'T OWE THE IRS. THE EMPLOYER DOES.
    BANKRUPTCY MEANS NOTHING FOR THIS. I've actually told you this 3 times now.
    You are correct that your reasoning is not logical.
    NOW!!!!!
    Cash tomorrow or else. GOT IT??????

    Is there something you are hiding? No CDL or something?
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #7

    Sep 8, 2016, 05:55 PM
    No he has his cdl. Hazmat and everything. I see what you're saying. I just wanted all the information to be out there. That's all. I know sometimes people aren't very forthcoming on information on this sight.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #8

    Sep 8, 2016, 06:05 PM
    Your husband is stalling and hoping. I do understand. But all that gets him is a volunteer job while this guy has more time to hide his money. Tomorrow.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7691
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    #9

    Sep 8, 2016, 07:18 PM
    If he is still working, he should be at least getting the current pay, or he is the only one, willing to keep working with no pay.

    Remember, each load he is delivering, the company is being paid, so his pay is being earned. Since you can prove the company held out, they will have to pay the IRS. Also as told several times. A company does not pay taxes at the end of the year,

    He needs to be finding another job now
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Sep 9, 2016, 06:25 AM
    As the others have indicated, the husband should not drive another foot, or work another second, without being paid what he is owed.

    Also the employer is hauling stuff for third parties. Notify those people of this situation.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #11

    Sep 9, 2016, 05:28 PM
    Husband parked the rig after I showed him what was said on here so that k you for your input. Also labor board was contacted and advised us to speak to an attorney. Which will be happening Monday morning. Also husband said employer told him no taxes had been turned in throughout the year ( Jan 2016 til present day) which we have proof on check stubs that taxes were being withheld.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #12

    Sep 9, 2016, 05:59 PM
    Good job. Disappointed by the Labor Board though.
    Big law firms set aside some time to work pro bono, free or reduced rate, for good causes.
    Be as organized as you possibly can be, with copies to give the lawyer and keep the originals.
    Make a list on one piece of paper of short sentences of what happened in chronological order.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #13

    Sep 9, 2016, 06:47 PM
    Labor board said they can help get back wages paid but employer owes us from his fuel card declining so we had to use personal card for diesel, chains and binders, etc. Hense the reason we're at almost $10,000 owed to us. Husband wants to speak with attorney before filing a complaint with labor board so we don't "double dip" with out us even realizing it. I'm beginning to thing the term mess is a bit of an understatement. We're also hiring a CPA to make sure when taxes come due, we're straight.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #14

    Sep 10, 2016, 03:46 AM
    You don't need a CPA. Worry about taxes next APRIL! Any tax preparer can handle this. Heck, you could do it.
    File the Labor complaint NOW. Those things are slow. Don't worry about double dipping. Let your lawyer worry about that. Everybody lets everybody know what's happening.
    Your husband worries too much about devious, greedy people and not enough about himself.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #15

    Sep 13, 2016, 08:18 AM
    Update! We calculated how much back pay, reimbursement, etc that is owed and it's $15,000. Taxes owed to the IRS would be approximately $12,500. We have a complaint packet from the labor board coming and we have an appointment to speak with an attorney this afternoon who was a judge in civil litigation court for 20 years. Employer now refuses to answer phone.
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #16

    Sep 13, 2016, 08:32 AM
    Good. Just keep in mind that this guy was down to just your husband. He's probably got his truck(s) for sale and then will fly the coop. You will spend money on legal fees that you may never see, unless your lawyer can get assets frozen. DoL will be slow, I suspect; I'm not sure.

    When you print out copies of papers, make at least 2 or 3. For instance, you may never get a W-2 and will need all your pay stub copies for the IRS. You may never get reimbursed for expenses, only payroll taxes. In other words, don't count on a lot, and make sure you realize that the lawyer charges by the minute, even phone calls.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #17

    Sep 16, 2016, 05:41 AM
    Quote Originally Posted by joypulv View Post
    ... and make sure you realize that the lawyer charges by the minute, even phone calls.
    Unless there is a contingent fee agreement for a percentage of the recovery.
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #18

    Sep 16, 2016, 09:37 AM
    Employer finally called husband today. Said he's including us in his bankruptcy since we got a lawyer and want to be "s"
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #19

    Sep 16, 2016, 11:38 AM
    He's blowing smoke. What a jerk. He can't 'include you in bankruptcy.' I already emphasized that.
    Your lawyer's first step was to contact him?
    From now on, DON'T TALK TO THE EX EMPLOYER!!!
    momma5's Avatar
    momma5 Posts: 134, Reputation: 1
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    #20

    Sep 16, 2016, 05:45 PM
    Husband didn't talk to him. Employer left a voicemail in which he stated he has planned to pay him this week but since we got a lawyer, he's going to include us in his bankruptcy and that if we didn't tell him where the rig was he was reporting it stolen and pressing charges. We've tried telling him where the truck is all week. I know he cant include us, just letting you know what he has said to us.

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