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Employer wont verify employment or wages

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fros222

Junior Member
What is the name of your state (only U.S. law)? GA

I worked as a student assistant at my university's library for two and a half years. I graduated this past May, and since my job was a student position, it ended once I left. I went and filed a claim for unemployment, but they wont verify my wages. I've submitted to the DoL a copy of my last pay statement, and a two copies of my most recent W-2. My employer withheld taxes from my check, and I've consistently filed my income taxes. I was told, if I was under "contract" status, my employer wouldn't have to report my earnings. But I didn't have to fill out any contract, except to periodically verify that I was still enrolled at least half-time. Also, this wasn't a Student-Aid-type deal where my employment was a stipulation of any grants or loans I received.

I was told there's a wage investigation being done, but if after the investigation I'm still without unemployment, do I have any legal recourse? I know there aren't any laws requiring employers to verify employment, but I have a right to unemployment, right? And wouldn't this come under tax evasion for an employer to not verify my wages so they wont have to pay taxes on it? I'm assuming the latter is a matter for the IRS and not an individual, but that's basically the effect of them not verifying my earnings.
 


Zigner

Senior Member, Non-Attorney
I worked as a student assistant at my university's library for two and a half years. I graduated this past May, and since my job was a student position, it ended once I left.
Why are you so sure you even qualify for unemployment?
 

fros222

Junior Member
I've paid my taxes, I made a little over $7500 last year, I worked for there for 2+ years, and I wasn't fired because of any fault on my own. It was just one of the conditions: to work as a student assistant, one must be a student enrolled at least half-time. I've explained my situation to the people at the unemployment office a few times now, and I've never once been told that I automatically don't qualify because I was a student worker.
 

fros222

Junior Member
I'm not sure. I read pg. 5 (as well as pg. 23 for definitions), and I'm not sure if my wages were "insured". Like I said, taxes were taken out of my check, I filed income tax this year, and I made over $7500 last year.

I could understand if I didn't qualify because I didn't make enough, but the two notices I've received haven't said anything about my wages. It's like my employer wont even verify that I worked for them up until three months ago.
 

pattytx

Senior Member
If this was a nonprofit college/university, it's very possible that the employer was not subject to the UI coverage requirements. Shortly after I graduated from college, I started doing payroll for that same college. We were a church-affailiated college, nonprofit, and we were exempt from UI coverage (although this wasn't in Georgia, it's likely it may be the same where you are).

And taxes being deducted from your pay is not an indication that the employer is subject to UI law. Georgia is not one of the few states which requires the employee pay a portion of UI taxes; in your state, it's totally employer-funded.
 
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fros222

Junior Member
Well, to that point, I went and checked on my school's website to see what they said regarding UI benefits. They said it was fully covered under the Unemployment Compensation Act, so I do think they pay into it. I don't know if that would cover me as a student employee, but employees of my university would be eligible for unemployment.
 

pattytx

Senior Member
It's possible that student employees may not be covered. You've received the financial determination letter from the state and it says you have no covered wages?
 

fros222

Junior Member
I've received two "Unemployment Insurance Benefit Determination" documents. Both of them include an explanation of which length of time they used to determine my claim, and a reminder that I have fifteen days to appeal the decision. There's a chart in the middle of it that has a column for my employer, and four base periods. It doesn't list my employer or my salary for my base period. There are just a bunch of zeros.

This is why I'm confused. At the very least, they could've listed my employer. Even if I didn't earn enough to qualify, it's like I didn't work anywhere. I guess it's possible this is just the way it's done and it all means the same thing, but I'm thinking my university didn't even verify my employment. And since I've submitted my last pay statement and two copies of my W-2 from last year, I don't know what else they would need from my university.
 

pattytx

Senior Member
They can't list the employer, because that comes from the quarterly wage reports on which wages are included. No wages included, no listing on the financial determination letter.

What you want to do is appeal the financial determination within the deadline. Make the employer tell the state why your wages were not reported for unemployment purposes. If it's a legal reason, you're out of luck. If it's NOT a legal reason, they will get your eligible wages from your pay stubs and/or from the employer; the employer will have to pay the additional employer tax.
 

fros222

Junior Member
I see.

I've appealed the determination already. I'm curious, though, what counts as a "legal reason". Since I worked in the capacity of a student assistant and made minimum wage, was my status as a student worker a legally valid reason to not report my earnings? The times I've gone down to the unemployment office and told them I was a student worker, they asked me was my employment based on work-study, and I told them no. Am I wrong to assume that they would've told me if I just didn't qualify as a student worker? I made it clear that my job ended because I graduated and not because I was fired or let go based on work performance.
 

cbg

I'm a Northern Girl
Am I wrong to assume that they would've told me if I just didn't qualify as a student worker?

Yes, you are.

The UI office (in any state) will not make ANY definitive statements regarding qualifications without a full investigation.
 

fros222

Junior Member
I wouldn't expect them to do that. But I've seen websites for other states' unemployment law, and they have specified that student wages aren't covered. I haven't seen anything like that for GA, nor on my university's website.

If student employment was the type of thing they just didn't cover, wouldn't a clerk at the UI office know that? They did tell me that non-profits aren't required to report earnings, which I get, but my school's website says they're fully covered under the Unemployment Compensation Act, and I saw no exemption for student workers, so I don't know. I'm just confused.
 

pattytx

Senior Member
I couldn't find it either, but that doesn't mean it isn't in a law or publication we just don't have access to online.

At this point, there is nothing else we can say to help you. If I were you, I would assume that your wages were not subject and expect that your appeal will be denied for that reason. If the assumption is wrong, you'll be pleasantly surprised.
 

fros222

Junior Member
That's unfortunate. I'm rigorously looking for a job, but I could use the money (no matter how meager) until I find something. I hope something comes through soon, so this will all be irrelevant to me.
 

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