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jpaladino · Feb 5, 2014, 05:17 AM

My employer has made an error on my payroll and didn't pay my states unemployment or disability. What can I do to correct this.

joypulv · Feb 5, 2014, 05:22 AM

Unemployment insurance (UI) does not come out of your paycheck. The employer must pay it himself. I have no idea what you mean by 'disability.' There is no such requirement. There is SS and Medicare, called FICA. Please tell us what is going on.

Fr_Chuck · Feb 5, 2014, 06:04 AM

I agree, first what type of employee or worker, did you get a W2 or a 1099, makes a big difference in type of worker.

If 1099, you are not covered by unemployment, so it is not paid. (no idea what you mean by disability)

If they were suppose to pay into unemployment tax and did not, then you do nothing but ask them to correct this and if they don't report them to the employment security office.

joypulv · Feb 5, 2014, 07:17 AM

I've been messaged privately by someone who says he means FUTA. So with both FICA and FUTA not being withheld, this is a matter for your employer to correct. Is it a tiny company? Did you only work a short time? Have you talked to the payroll person or owner?

jpaladino · Feb 5, 2014, 07:23 AM

Yes I did talk to my employer and they told me I had to fix their mistake. I am still employ by this employer. The only reason I discover this was this year they also made an error paying into New York state taxes. That is when my accountant discover they haven't been paying into New Jersey unemployment.

joypulv · Feb 5, 2014, 07:27 AM

Now you are talking about two states? You live in one and work in the other? Your company is based in one and you were sent to another? I'm not sure we are getting accurate facts. Talk to your accountant again.

jpaladino · Feb 5, 2014, 07:38 AM

No sorry for the confusion I work and live in the same state New Jersey. However my employer is base out of New York. So the payroll department made a mistake for the past 20 months paying into New York unemployment. I have never worked or live in New York. I have never had an issue like this before working for employers out of state, but working in my state New Jersey they just always comply with W2 New Jersey labor laws and took the correct deductions.

Fr_Chuck · Feb 5, 2014, 09:08 AM

So, they paid into one state, it should be easy for them to find those records. If you filed for unemployment, you may have to do it as if you worked out of their state, if New York shows you working in their state.

But if you do not have to file for unemployment it should not matter.

NJ should easily find a interstate claim if you need to collect. *or is it intrastate? Never can remember that

smoothy · Feb 5, 2014, 09:23 AM

From my personal experience... the company pays the unemployument requirements to the state the business is operating in,. not to the one where you live, the employee doesn't.

And I've had several jobs where I lived in one state and worked in another the last 28 years. Before that I lived and worked in the same state... never once has unemployment insurance been deducted from one of my paychecks. Adn I had my first paying job in 1980.

FICA, Medicare and any other federal state and local payrol taxes would be deducted however.

ScottGem · Feb 5, 2014, 10:37 AM

This is very confusing. Unemployment insurance is paid by your employer to the state. You do not see it on your paycheck and you are not responsible for it. If they did not pay their payroll taxes properly, that is between them and the state. NYS does have a disability insurance that is deducted from your pay, I don't know about NJ.

If your deductions were in error, that means you were under withheld. The amounts taken from your paycheck are an advance on your tax liability. When you file your tax return, the amount of taxes you owe is compared against what was withheld. If you over withheld, you get a refund, under and you pay. But that would be your responsibility to pay not the employer. However, if you have to pay a penalty for being under withheld, the employer could be held responsible for the penalty.

So the bottom line here is if you were under withheld, then you have to pay and that is your responsibility. If payroll taxes were not paid by your employe that is their responsibility and you wouldn't even know it.