Falsely garnished on paycheck

[Davy382]

Okay to start I live in NC but work in SC. Right before Christmas my employer placed a tax levy garnishment on my paycheck. I contacted federal and both states dept of revenue/IRS. All said that I owed them nothing and the didnt issue anything. So I call to inform my employer. Employer said that it came from SC. (Side note: have not filed in SC yet) so after being on the phone for hours the conclusion comes to that my employer didnt pay any attention to my social or my name and placed someone else's levy on me. Employer says they will be paying me back. However one month later no money and employer is dodging my calls and or making statements saying oh well we're still working on it. The problem is that I have bills and the amount they took out exceeded 50% of my check. I feel as though I am being too nice and keep accepting the were still working on it excuse. Thankfully I will be accepting a better paying job soon but I feel I should ask for what's owed to me before I leave or it may become more difficult. Any suggestions on how to deal with this situation will be appreciated.

 

[Proserpina]

Okay to start I live in NC but work in SC. Right before Christmas my employer placed a tax levy garnishment on my paycheck. I contacted federal and both states dept of revenue/IRS. All said that I owed them nothing and the didnt issue anything. So I call to inform my employer. Employer said that it came from SC. (Side note: have not filed in SC yet) so after being on the phone for hours the conclusion comes to that my employer didnt pay any attention to my social or my name and placed someone else's levy on me. Employer says they will be paying me back. However one month later no money and employer is dodging my calls and or making statements saying oh well we're still working on it. The problem is that I have bills and the amount they took out exceeded 50% of my check. I feel as though I am being too nice and keep accepting the were still working on it excuse. Thankfully I will be accepting a better paying job soon but I feel I should ask for what's owed to me before I leave or it may become more difficult. Any suggestions on how to deal with this situation will be appreciated.

Has the tax agency returned the funds to the employer?

 

[Davy382]

Has the tax agency returned the funds to the employer?

Thanks for responding! As of right now the tax agency has not received any money either. I'm under the impression my employer never sent it. I caught it pretty quick so they should of had time to stop the check. The Dept of revenue is actually being very helpful but when I ask what I should do they say we're not allowed to comment on that. Thanks again for your reply

 

[swalsh411]

Has the tax agency returned the funds to the employer?

Irrelevant. That is between the employer and the tax agency and has nothing to do with the OP who was incorrectly garnished.

OP: I would tell them they have 72 hours to return your money and then you will either file an unpaid wages complaint with your State or sue them in small claims Court. Don't listen to anything they tell you about having sent the money or not sent the money or not gotten the money back from the State. None of that matters.

 

[Davy382]

Irrelevant. That is between the employer and the tax agency and has nothing to do with the OP who was incorrectly garnished.

OP: I would tell them they have 72 hours to return your money and then you will either file an unpaid wages complaint with your State or sue them in small claims Court. Don't listen to anything they tell you about having sent the money or not sent the money or not gotten the money back from the State. None of that matters.

Thanks this actually answered a followup question I was about to ask! Today I contacted my employer's corporate office payroll and they told me that I have to wait for the money to be sent back to them and then they will "cut me a check". Then when I obviously got upset since were hitting the tax season and it will be probably months before they receive their check back he acted as if it was no big deal. I contacted the Dept of Labor and left a message with them but should I really be consulting with an attorney? Im gonna try and call them back later today and try what you recommended. Thanks for your reply!

 

[Zigner]

Thanks this actually answered a followup question I was about to ask! Today I contacted my employer's corporate office payroll and they told me that I have to wait for the money to be sent back to them and then they will "cut me a check". Then when I obviously got upset since were hitting the tax season and it will be probably months before they receive their check back he acted as if it was no big deal. I contacted the Dept of Labor and left a message with them but should I really be consulting with an attorney? Im gonna try and call them back later today and try what you recommended. Thanks for your reply!

Is that really what they said when you told them they "...have 72 hours to return your money and then you will either file an unpaid wages complaint with your State or sue them in small claims Court."?

 

[swalsh411]

Thanks this actually answered a followup question I was about to ask! Today I contacted my employer's corporate office payroll and they told me that I have to wait for the money to be sent back to them and then they will "cut me a check". Then when I obviously got upset since were hitting the tax season and it will be probably months before they receive their check back he acted as if it was no big deal. I contacted the Dept of Labor and left a message with them but should I really be consulting with an attorney? Im gonna try and call them back later today and try what you recommended. Thanks for your reply!

Then go up the chain. Go to the Director of Finance, Controller, CFO, Head of HR, etc. Go to the President if you have to. If what you are saying is true, and they garnished your pay for something that has nothing to do with you, it is completely illegal to make you wait for the State to refund their money so they can refund your money. A incorrect garnishment deduction is not an allowable payroll deduction in any State.

 

[Davy382]

Then go up the chain. Go to the Director of Finance, Controller, CFO, Head of HR, etc. Go to the President if you have to. If what you are saying is true, and they garnished your pay for something that has nothing to do with you, it is completely illegal to make you wait for the State to refund their money so they can refund your money. A incorrect garnishment deduction is not an allowable payroll deduction in any State.

I will be working on doing this. Yes I wish I was lying but truthfully if I told you which company I worked for you would probably completely understand. We made international headlines for multiple scandals in previous years and are not off to a good start this year either. Also, I just got finish finalizing my paperwork for my new job so it is official and thankfully my nightmare is coming to an end soon.

Thank you all for your responses! They have been a great help! I found this site through a google search but I believe I am going to start actively using and contributing to it!