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False Accounting...94 days and waiting

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My company filed chapter 11 and was acquired by a billion dollar company. Payroll made numerous errors that were caught on APD, recording incorrect hours off of the time sheets that i submitted as the lead, did not paying overtime, changed pay rates every few days, is not honoring lodging, storage unit, admin pay approval by upper management that was not retained by the new company. My last day was 94 days ago. Payroll is being done by former company while in transition by the same people. Payroll was contacted 71 days ago with documentation of ADP errors, time sheets, changing pay rates. They are reviewing and emailing questions regarding how i spent my administration time, milage and travel time questions .... A detailed spreadsheet was given to payroll and President Mark. Mark said he would investigate by contacting teammates and site contacts. That was more than two weeks ago...nothing . Payroll wants me to "help them understand" what i did for my job during certain hours and are continuing to review my spreadsheet. The same person that made the errors is in charge of reviewing my invoices. Not a CPA. I filed a claim with the CA Labor Board that could take 90 days. The company will no longer be there in 90 days and I'm not sure the billon dollar company who bought us knows that they owe me $22,000 and the team combined $40,000. The lawyer over seeing this told me they were not doing what he told them to do. Now that attorney is referring me to his partner that is in "the weeds of it" of course I have not heard from him. Can payroll investigate themselves? Can they ask what i did during work hours when the job was completed 94 days ago? Can i post what they have done?
 


Just Blue

Senior Member
My company filed chapter 11 and was acquired by a billion dollar company. Payroll made numerous errors that were caught on APD, recording incorrect hours off of the time sheets that i submitted as the lead, did not paying overtime, changed pay rates every few days, is not honoring lodging, storage unit, admin pay approval by upper management that was not retained by the new company. My last day was 94 days ago. Payroll is being done by former company while in transition by the same people. Payroll was contacted 71 days ago with documentation of ADP errors, time sheets, changing pay rates. They are reviewing and emailing questions regarding how i spent my administration time, milage and travel time questions .... A detailed spreadsheet was given to payroll and President Mark. Mark said he would investigate by contacting teammates and site contacts. That was more than two weeks ago...nothing . Payroll wants me to "help them understand" what i did for my job during certain hours and are continuing to review my spreadsheet. The same person that made the errors is in charge of reviewing my invoices. Not a CPA. I filed a claim with the CA Labor Board that could take 90 days. The company will no longer be there in 90 days and I'm not sure the billon dollar company who bought us knows that they owe me $22,000 and the team combined $40,000. The lawyer over seeing this told me they were not doing what he told them to do. Now that attorney is referring me to his partner that is in "the weeds of it" of course I have not heard from him. Can payroll investigate themselves? Can they ask what i did during work hours when the job was completed 94 days ago? Can i post what they have done?
What US State?
 
My company filed chapter 11 and was acquired by a billion dollar company. Payroll made numerous errors that were caught on APD, recording incorrect hours off of the time sheets that i submitted as the lead, did not paying overtime, changed pay rates every few days, is not honoring lodging, storage unit, admin pay approval by upper management that was not retained by the new company. My last day was 94 days ago. Payroll is being done by former company while in transition by the same people. Payroll was contacted 71 days ago with documentation of ADP errors, time sheets, changing pay rates. They are reviewing and emailing questions regarding how i spent my administration time, milage and travel time questions .... A detailed spreadsheet was given to payroll and President Mark. Mark said he would investigate by contacting teammates and site contacts. That was more than two weeks ago...nothing . Payroll wants me to "help them understand" what i did for my job during certain hours and are continuing to review my spreadsheet. The same person that made the errors is in charge of reviewing my invoices. Not a CPA. I filed a claim with the CA Labor Board that could take 90 days. The company will no longer be there in 90 days and I'm not sure the billon dollar company who bought us knows that they owe me $22,000 and the team combined $40,000. The lawyer over seeing this told me they were not doing what he told them to do. Now that attorney is referring me to his partner that is in "the weeds of it" of course I have not heard from him. Can payroll investigate themselves? Can they ask what i did during work hours when the job was completed 94 days ago? Can i post what they have done?
What US State?
I work in CA and my company is based in KC
 
I am the manager and have a staff of 15. I made copies of all the time sheets before they were sent to the corporate office. The hours I recorded and submitted are different from the hours listed on ADP, short by 2-3 hours. Some days they paid OT other days they did not. Its the law in CA. My hourly rate changed randomly. Payroll is asking for me to please help explain what i did exactly for the hours I submitted. Since President Mark, payroll and I are all communicating on the same emails I'm questioning why payroll would need an explanation when I did not report to them and why Mark is going silent. The events were done successfully in November.
 

Zigner

Senior Member, Non-Attorney
Gotcha -

Just as a note - the "invoices" that you submitted for reimbursement (lodging & storage) are not subject to wage laws.
 

Dandy Don

Senior Member
You have a better chance of getting paid if you go ahead and comply by giving the information they are asking you for. You don't need to be overly detailed, but can't you provide one or two sentences of description of what you did each day? And remind them that upper management approved what you were doing.

Your company filed for bankruptcy in what month and what year?

Exactly what is ADP--are they a payroll service that your company contracted with to handle payroll transactions?

Do you have a job title and a job description that was provided by the company you work for?

Do you have a signed employment agreement or contact with this company or not?

Do you have any emails or documents regarding your projects with this company about what they expected to achieve/accomplish and exactly, specifically what services you were going to provide for them?

The bad news for you is that a company that files for Chapter 11 bankruptcy is obviously deeply in debt. You are being stonewalled/delayed because the company is in no position to tell you when or whether you can be paid until the bankruptcy trustee has reviewed all debts and assets to determine which creditors get priority for being placed in line for payment and which other creditors will be put further on down the line to get reduced payments or no payment at all.

If I were you I would consult a bankruptcy attorney in your area who has also served as a bankruptcy trustee so you can ask him/her what are the chances of your getting paid and is there anything you can do to claim status as a priority creditor. Do NOT contact the bankruptcy trustee who is handling the bankruptcy for your company, but you need to submit your claim to that bankruptcy trustee as soon as possible so that he/she can also be able to tell you at some point in the near future what your chances are of being paid.

If you get paid at all it is going to be a long, drawn out process that will take more than 6 months to be completed, and even then you may be paid only one half or one third of what you are actually owed.. Reduced payments are calculated in an attempt to try to pay at least a little bit of something to many of the creditors.

Just because the acquiring company is a billion dollar firm does not guarantee that you will be paid because they are going to review all debts of the previous firm to determine how much debt the new company will choose to accept.

So sorry that this sucks for you. You may also want to complain to your state's labor board to see if there is anything you can do,
 

Dandy Don

Senior Member
A lot of companies have had bad experiences/problems (similar to the ones you describe) with ADP. If they are causing the problems, then do not hesitate to put the blame on them. How did you find out about the problems with ADP?

Were you paid on a regular basis (weekly? bi-weekly? monthly?) before the problems began with ADP? If they owe you $22,000.00, is that because you have not been paid for a few months in succession?
 
I have responded to every question and will continue to do so based on your recommendation. My Company filed for Chapter 11 on August 27, 2018. Eight months prior to that two companies merged and the third company acquired us. All invoices for reimbursement or admin. hours were to be turned in by 12-31-2018. This was done. Yes, ADP is a payroll service. I do have a job title and had a description of my job with the first company but i don't think i resigned anything with the company we merged with. My job is the same job i have had for the past 3 years, the only difference is the second company took over payroll. My work schedule is unique during the busy season. I worked 12-14 hors a day for 42 days. I knew direct deposits were going in every two weeks but did not look up the payroll breakdown until mid November. Hours recorded from timesheet were different by 2-3 hours a day. My pay rate that has always been the same, fluctuated daily with a difference between $5.-$9. an hour. CA overtime was paid on a few days with the wrong rates. The other days would show on ADP that I had worked 2.3 hours =$260, 3.6=$340, 4.3=$480 . I wish that my hourly rate was such but it is not. What they did was leave off the 1 in the tens place. If they had done that it would have prompted OT. The totals that were paid were straight time on the actual hours i worked. Accounting also changed event ID # without letting us know so when we would go back to look up that events hours, that event would not be in the system and they would say they paid us for that day under a new #.
I saved all emails, text and voicemails and have given payroll and Company President copies per the Presidents investigation.
I did file a wage claim with the CA Labor Board a month ago. I also spoke with an attorney (my neighbor) who looked up the bankruptcy and said I was not a creditor because I was working and getting paid as an employee up until 12-31-18.
Questioned did come up by employees who were worried about getting paid. The President sent out several emails telling employees not to worry, work as we do and we will get paid. Am I allowed to list the Companies in this thread? Can I go after anyone personally?

Thank you for your time Dandy Don.
 

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