Unemployment, Witholding Pay, Paying Under the Table

[mielze]

What is the name of your state? Michigan

I was recently fired from a job and was wondering if I had a chance in getting unemployment. I tried searching several state websites with no luck finding any information. I'd like to know if there are general requirements usually and what they are. I'd like to know if you usually have to be at that job for a minimum amount of time to be eligible.

Also, my employer is witholding my pay from me from my past 2 pay periods. The first pay period's pay day was a week and a half ago. The second is coming this week. I've tried contacting the owner and have had no luck. It's a small business and he's never there. I know it's illegal to withold my pay from me so I'm wondering what I can do to possibly get it or take any action.

One last thing, my pay there was under the table, in cash. I know that's illegal as well. Who would I contact to report that to? Is that even something of importance? I figure the owner is witholding the taxes as well and I'm sure the IRS would be very concerned if they knew.

I'd greatly appreciate it if anyone had any insight or advice regarding any of these questions and concerns. Thank you.

 

[cbg]

My understanding is that the base period in Michigan is 52 weeks, meaning that you have to have been working 52 weeks (not necessarily at the same company) to be eligible. There is also an earnings requirement but I don't have the details for it. You can always apply - there is no penalty for doing so if you are not eligible.

However, I have to question why you think your employer will have been paying unemployment taxes on you if he is fraudulently paying you under the table and possibly not paying income taxes. And if he hasn't been paying unemployment to the state, there's nothing for you to collect.

I'm sure the IRS would be interested. But unless you have been declaring and paying taxes on that under the table income, they're going to be just as interested in you as they are your employer. You might want to consider that before making any irrevocable decisions. Just a point to think about - I'm not making any judgements here.

 

[Katy W.]

http://www.michigan.gov/documents/MWPosting_89313_7.Optional.pdf

For more information or to file a complaint, contact: The Department of Labor & Economic Growth, Wage & Hour Division at 517-322-1825, or write P.O. Box 30476, Lansing, Michigan 48909-7976

If you want to have the state address your unpaid wages, this is who would do it.