Again with the problems; this time it's a payroll thing

HobokenChickenEmergency

Songster
10 Years
Mar 18, 2009
328
2
131
Evansville
Dh has child support and 2 garnishments that come out of his check. The cs is $93 per week, Garnishment 1 is $20 a week. The problem is garnishment #2. It has no stated amount per week, but Indiana state law says no more than 25% of disposable (net) income can be taken for all garnishments together, including child support.

Dh's boss fired his payroll company at the end of last year, and installed his dingbat wife, who knows nothing about payroll, into the position. Dh's check stubs were a mess, with errors galore for 4 months, and a few times she messed up his check altogether and had to cut him a new one for the balance due.

Now, with this 2nd garnishment, she is taking out a full 25% for it, then taking out the cs and other garn afterwards, leaving him with 1/2 a check. This is killing us financially, so dh talked to her. Nothing happened. Being the family lawyer (in title, if not education), I emailed her a very polite letter, as well as the law relating to garnishments. The next day, she forwarded my email back to me, with no note, no nothing. I assumed she was letting me know she read it, in a rude way, but it turns out she DID write something, it just didn't make it's way to me because she can't operate a simple email program. I still don't know what it said.

That Friday (last week), she gave dh his check, and a note that said, basically, that her accountant told her she only had to pay him 30% of his net wages--the rest go to the garnishment.

I have tried being nice and polite for the sake of his job, but this accountant does not do payroll, even at his own company. The boss' wife is clearly illiterate, because this particular law is simple and plain English. A child could understand it.

Question is, should I boot this over to the state's labor dept? I'm thinking no, because ever since I sent that email, his boss has been treating him like poop. He makes less than minimum wage now, due to a "percentage per job" pay change, over from an hourly rate at the beginning of the year--the real reason he got rid of the legit payroll company, I'm sure. But we do need that money back, so I think yes, I should report them.

BW has also made a point of having her dh give MY dh crummy jobs with small percentages, because she told him dh made too much money (dh heard that himself).

The way he's being treated leads me to believe he's going to get fired if we raise any more of a fuss over this. But we can't afford for him to work 50+ hours a week and bring home $200 for his trouble. On the other hand, with the economy the way it is, we can't afford to mess with getting fired either.

His boss makes a big show of handing him promotions and crew leader titles; I.E. more responsiblity for the same percentage as the peons. Then he blames him for everything that goes wrong with the other employees, which is stressful.

I did speak to the creditor who holds the garnishment, and their paralegal told me she would call them and get it straightened out, presumably so they don't get in trouble for overcharging us. It's been a week, and she hasn't called them or me, and now she's on vacation for a month so I can't reach her.

Help!!
 
I did speak to the creditor who holds the garnishment, and their paralegal told me she would call them and get it straightened out, presumably so they don't get in trouble for overcharging us. It's been a week, and she hasn't called them or me, and now she's on vacation for a month so I can't reach her

Call them back, and ask for who fills in while she's away, they can pull the file and get back to you with one business day, be polite but firm.

DH needs to interview for a new job now, it's just not going to improve there, once he has said job, the labor board will happly go retreve the $ in error for you.

Of course you have all of his mishandled pay stubs handy for when they investigate.
 
Another thing you have to consider:

My question is: If they are cutting corners by doing away with the payroll company ~ are they paying his taxes that they are holding out of check or is the wife keeping that money. Will cause big problems come next year when it is time to file.

Good luck with the CS issue and hope you get it straightened out.
 
There is a whistle blower's law that provides some protection for reporting illegal activities--unfortunately it does not actually prevent them from firing him, but provides huge fines and may require that they rehire him--after all the dust settles. I am not sure what a percentage job is, but if it is circumventing paying minimum wage, I wonder if it is legal. It certainly sounds as if it isn't.

I do think some job hunting is in order--line something up--even delivering pizzas or waiting tables. But you also need to report this to hte labor board. First--it will provide assurance that your understanding of the garnishment laws is correct, they will probably check withholdings to make sure they are being paid, and if the percentage is not a legal means of determining pay, that will be stopped.

You may also want to find an attorney (with the license) as the labor board is not solely interested in your dh, but rather in ensuring that the law is followed; an attorney would be interested solely in your husband's case. Call your state bar and ask about low cost attorneys and legal services in your area; explain exactly what is going on so they can direct you to the most appropriate help.

I'm assuming the business is in hard straits or they wouldn't have made these changes, but even so they must follow the law.
 
This is a fencing and deck company that grosses over a million a year. They are doing just fine.

I do have a few more clues as to their money-grubbing.

1) Dh's boss complains to him all the time about how much money his wife spends. He can't change her, so it's safe to assume that he'll cut corners anyway he can.

2) They recently went on their 2nd island vacation of the year. I don't begrudge them their success or their money, but when they're paying less than $20,000 a year to an employee who works between 40 and 60 hours a week, because they decide he makes too much as an hourly employee, well that's just unethical.




We live in a city of 100,000. There aren't many available jobs around.

Thanks for all the input! I'm going to start burning up the phone lines on Monday.
 
HOw much they gross is meaningless; how much do they net? If they gross a million and have 90K in expenses, it is not much. And, a million is not much for a business to gross; that makes it a small, small business.
 
That's gross after labor is paid; not quite net. Materials are covered by customers. Almost everything else is a tax write-off. Believe me, the company is not hurting.

Regardless, even if they're broke they can't just break laws. A lot of small business owners don't do their own payroll, simply because it's complex. If you mess up you'll have the IRS pounding on your door or worse.
 
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