Dear Bob,
If they made the error, and the employer had all the correct
information in hand to compute it properly, you should get
the penalty for all the days from termination until you received
the check. (Not when it was issued.)
If it was a reasonable error, and there was some confusion,
then they would have a strong enough defense that the penalty
would start being computed on the day it was brought to their
attention (if you're aggressive), or the day it was resolved.
And the penalty would run until the date you received the check.
(Again, not the date they sent it.) Of course, that takes for
granted that you received the check normally - not left it waiting
in a PO Box or elsewhere...but the date it arrived at its destination.
Now, do you want the reality?
The reality is that you will get the penalty for whatever the
Labor Board decides. And let me tell you, the caseworker can
be very arbitrary. It's truly frightening.
I had an issue with an employer who didn't pay me for nearly
a month after I left, among other things. They settled my case
by mail, with no problem. (A previous employee had had a similar
problem, which is how I learned of this penalty payment.)
Yet, when another employee filed, the 4th one to file against this
employer for the same issues, (did he NEVER learn?), the Labor Board
called a full-blown hearing. The caseworker refused to hear from witnesses.
(I was there to testify - and someone else had sent written testimony.)
This employee ended up getting about a third of what he was entitled
to receive. But, he did get a settlement.
So, when you file, ask for the maximum number of days. And let the Labor
Board reduce your settlement if they so chose. You can be sure they will
not give you more than you request. Although, believe it or not, they have
even been known to do that. It totally depends on who's working the case.
Good news. Regardless of how much you do get, the penalty that you
recieve is not taxable income to you. Nor is it a deduction to your
former employer. Isn't that such a pleasure?
Good luck!
Your TaxMama-ga |
