Employee wants to "defer" income before hearing

[Abner101]

What is the name of your state? New York

I have an employee that came to me asking if he could get seperate checks for regular pay and overtime. I know he is in the middle of a support hearing, and I asked him if this was to try and not show his O.T. income to the judge. He said it was, and I told him it would not work because his Y.T.D. accumulators would still show the income.

Fact of the matter is I don't want to "help" him out in this matter because of the simple fact I feel what he wants to do is wrong. The accumulator just popped into my mind and I figured that would be the end of the discussion.

Today however he asked if he could have his overtime pay "defered" until his case is settled. In other words, he would still work the O.T. but wants us to pay it to him at a later time. I told him probably not, but I would have to check the legalities.

My question for this forum is, as I would imagine this "hiding" of income is illegal (or immoral at best), is there any law / case / info that I could cite to him, either labor law related or flat out criminal, that could stop him from pestering me over this matter once and for all.

Thanks!

[brisgirl825]

I am not sure. However, I recommend that you post this in the Child Support Forum. Stealth, I would think, should have some info for you as she is an NY resident and has business knowledge.

[stealth2]

I really don't know. But if you're the boss, I'd simply tell him that it's against company policy. Period. End of story.

[LdiJ]

Originally Posted by Abner101

What is the name of your state? New York

I have an employee that came to me asking if he could get seperate checks for regular pay and overtime. I know he is in the middle of a support hearing, and I asked him if this was to try and not show his O.T. income to the judge. He said it was, and I told him it would not work because his Y.T.D. accumulators would still show the income.

Fact of the matter is I don't want to "help" him out in this matter because of the simple fact I feel what he wants to do is wrong. The accumulator just popped into my mind and I figured that would be the end of the discussion.

Today however he asked if he could have his overtime pay "defered" until his case is settled. In other words, he would still work the O.T. but wants us to pay it to him at a later time. I told him probably not, but I would have to check the legalities.

My question for this forum is, as I would imagine this "hiding" of income is illegal (or immoral at best), is there any law / case / info that I could cite to him, either labor law related or flat out criminal, that could stop him from pestering me over this matter once and for all.

Thanks!

As an accountant, and someone who has been an employer, I would not recommend agreeing to "help" out this employee. If you do that, you are putting yourself at risk in quite a few different ways. Not only from a legal standpoint but from a tax standpoint as well. If you put this question to either your company attorney or your company accountant, they would BOTH tell you not to help this employee in any way.

Simply tell him that you have researched the matter and that it would put your company at risk to play games with his income.....therefore you can't help him. Be firm.

Originally Posted by Abner101

What is the name of your state? New York

I have an employee that came to me asking if he could get seperate checks for regular pay and overtime. I know he is in the middle of a support hearing, and I asked him if this was to try and not show his O.T. income to the judge. He said it was, and I told him it would not work because his Y.T.D. accumulators would still show the income.

Fact of the matter is I don't want to "help" him out in this matter because of the simple fact I feel what he wants to do is wrong. The accumulator just popped into my mind and I figured that would be the end of the discussion.

Today however he asked if he could have his overtime pay "defered" until his case is settled. In other words, he would still work the O.T. but wants us to pay it to him at a later time. I told him probably not, but I would have to check the legalities.

My question for this forum is, as I would imagine this "hiding" of income is illegal (or immoral at best), is there any law / case / info that I could cite to him, either labor law related or flat out criminal, that could stop him from pestering me over this matter once and for all.

Thanks!

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