Unemployment benefits

[warledo]

What is the name of your state?Kansas
My brother worked for a company for 8 mos and then the company got audited and had to shut down for at least 60 days to "REGROUP". So the employees were told that they were on lay-off status. When he went to file for unemployment they told him that the company never turned in any wages for him and paid no taxes, so he would not be entitled to benefits. He has his last paycheck stubbs, which show that they did take taxes out. What can he do?

 

[pattytx]

The employee does not contribute to the Unemployment Insurance Benefits funds in Kansas or any of the neighboring states. What they are saying is that they have no record of the employer reporting the wages and paying the employer contribution.

Is it possible they got his SSN wrong? Was the work performed in another state; if so, they may have reported his wages to that state? Or did the UI folks already ask him the work state question?

Of course, these are the valid reasons there might be an error. The scary reason is that they never filed the required returns nor paid the taxes. If this company is in financial straits, sometimes they think that not paying their tax liabilities is a way to save money now. Not a good idea.

I would recommend he make an appointment to actually go into the UI office and meet with someone who can advise him on what his next steps should be; reason being, he wants to present his checks stubs which, since taxes were deducted, show that the employer was treating him as an employee (not an independent contractor) and should have reported his wages.

I really don't know what they do when there are problems like this and they cannot get information from the company. Or can they? Is anybody, like the owners, actually there regrouping, or is this just an upfront way of saying we're going out of business.

Hope this works out. I hate hearing these kinds of stories.