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How do I get revenge?

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R

ready2strikebak

Guest
What is the name of your state? VA

This is a long story so I'll just give you the highlights. I've been working as a computer programming consultant with this company for three years. Two years ago, they restructured and changed their name. Officially, they are a new and separate company; however, all of the same employees are working here with the same physical location as the prior company. Around that same time, a new bookkeeper was hired. The president is a lawyer who does not participate in the day to day operations of the company. The vice president is in charge on a day to day basis and the bookkeeper works directly under him. The rest of us pee-ons just show up every day. From the start, it was evident to all of us that the vice president and bookkeeper had a "special" relationship whereby she was constantly spending beyond our means and appeared to be skimming off the top. It was part of our verbal employment agreement with the company that they would provide 100% of our health/life/dental insurance and would match up to 1% of our annual salaries in a 401K that they had set up. In April of this year, I found out that our insurance policies had been cancelled for nonpayment of premiums back in February without any notice to us whatsoever. I then found out that no money had been put into the 401K since November of last year, despite the fact that the company had continued to take money for the 401K out of our paychecks. I confronted management and they promised that it would be taken care of immediately. The insurance was reinstated in May of this year - which left all of us with a two-month lag in coverage. The 401K has NEVER been paid, and money has continued to be deducted from paychecks all along. Now, I have found that the insurance policies were cancelled November 1st for nonpayment of premiums once again. None of us were notified until now - almost two months later! Also, about three months ago, the president discovered an unauthorized charge on his credit card by the bookkeeper and ordered the vice president to fire her. Since that time, I have taken over bookkeeping duties temporarily. By doing so, I have uncovered evidence that proves that the former bookkeeper received at least twice her stated salary over the past two years in "extra benefits" she received under the table. I have also uncovered evidence that the vice president not only knew about her actions, but signed many of the checks himself and paid himself under the table quite a few times as well. Now my question is what do I do with the evidence? The president is not exactly someone I trust and I suspect that he was aware of the monies taken by the vice president (but not those given to the bookkeeper). I want to make sure that these people are prosecuted to the fullest extent of the law. They have jeopardized my health, my family's health, my fellow employees' health. They have lied to us on more than one occasion about the status of our benefits. They have paid us with rubber paychecks on several occasions, all the while blaming the company's troubles on lack of cash flow. I can prove with the evidence that I have found that there was sufficient cash flow - it just wasn't going to the places it was supposed to be going. I have copies of EVERYTHING, so I can prove all of my allegations. Now, I need to know who to give them to. What do you suggest?
 


cbg

I'm a Northern Girl
The insurance and 401k issues are ERISA violations, so for those you contact the US Department of Labor. The rubber paychecks are an issue for the state DOL. The "under the table" benefits sound to me like they fall under the jurisdiction of the IRS, but ask the DOL about that.

Be very, very sure of your facts before you make these phone calls. If you are correct, you have "whistleblower" protection for at least the benefit issues (taking money for a 401k and not depositing it is a very big no-no - the excess salary may or may not be illegal depending on how it was handled). If you have misinterpreted what are actually legal transactions (based on the facts presented I don't know how they could be, but you said that this was the short version) and make these calls, your protection is limited.

Notice I'm not saying don't call - I'm just saying be very sure of your facts and think through all the potential scenarios before you do.
 
R

ready2strikebak

Guest
I called the DOL back in April when I discovered the original issues with the insurance and 401K. The rep I spoke with said that, because we have fewer than 20 employees, he didn't think they could do anything about the insurance. It also means we don't have COBRA eligibility, so the insurance lapses are a huge issue! As for the extra salaries the vice president and bookkeepers received, they were labelled as "reimbursements" in many cases, although there is no supporting documentation. In fact, I have found emails which would prove that several of these were "raises" given to the bookkeeper, yet no taxes were ever taken out. Others were labelled as "advances" but never repaid. Also, she received a monthly car lease which was not reported on her W-2 nor were taxes paid on the money, which it is my understanding constitutes tax evasion. If I report this to the DOL and IRS, what is the liklihood that they will actually prosecute these people seeing that the business is so small?
 
H

hmmbrdzz

Guest
I totally agree with cbg, but I can't help but say that I think you need to totally slow and get an attorney before you call anyone on this issue. Anyone. Do not call the IRS or the DOL right now. Get all the information you can and take it to an attorney.

Good luck. I hope you succeed. Be encouraged when I tell you it may take several years for these people to get prosecuted, but if they're guilty -- it will happen if you get an attorney and begin litigation.

hmmbrdzz
 
R

ready2strikebak

Guest
Do you mean I could be sued? I guess if I were wrong that would be a possibility, but there's no way I'm wrong. I've done a couple of months worth of research at this point, and I don't see any way possible that they could legitimize any of this stuff. I mean, I've got cancelled checks to furniture and clothing stores - which don't even sell office supplies - which say they're for things like Christmas ornaments, jackets, mirrors, etc. that can't be found anywhere in our offices. Plus, the IRS has already seized several bank accounts trying to collect back payroll taxes that haven't been sent in. So, they're already aware that there's a problem here. They just don't know how deep it goes. Like I said, the company is claiming hardship because of lack of cash flows and being a new company. All the while, the cash was coming in and going in the vice president and bookkeeper's pockets. But, if you still think there's a chance I could somehow end up in the hot seat, maybe I should see a lawyer. The only reason I haven't is because I can't afford it - getting paid with rubber paychecks makes it difficult to afford an attorney.
 
H

hmmbrdzz

Guest
Yes -- if you are a whistleblower, you can get put in the hot seat like a hot potato. And yes, you can be sued. That's what whistleblowing is all about. If you do anything regards this matter, you need an attorney. If you don't have an attorney or can't afford one, do not proceed with anything else regards this matter. Just get out of that job and do nothing with the evidence you have. If you can afford an attorney, get one.

hmmbrdzz
 

cbg

I'm a Northern Girl
If you were wrong and made these reports, yes, it's remotely possible you could be sued. If you're right, they'd be fools to sue you because everything they were doing would come out anyway.

"Whistleblowing" laws protect you from being fired for reporting illegal or unsafe activity to the appropriate outside agency. You don't have to be right; you only have to be acting in good faith. When I suggested you think through the implications I was not suggesting you could be sued, although of course that is a possibility (not a very likely one, in my opinion, especially after your second post). I was more concerned with whether or not you would lose your job - even though you're protected by law, you might have had to sue THEM for wrongful termination.

The likelihood that they will sue you is quite remote. However, it would not do any harm and may do some good for you to talk with a local attorney before going any further.
 

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