If I file for unemployment will I get it if the company has not paid my part of taxes, even though it is taken out of my checks? What steps do I take? 8 Answers as of August 06, 2013

I work for a company who has on numerous occasions not paid us on time. We are suppose to get paid every Friday and are now going on 3 weeks behind. All deductions (state, federal, state disability insurance, student services center) have been taken out of our pay checks, but the deductions have not been paid to where they should go since May 30th.

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KEYL ADR Services, LLC | Mark D. Keyl
You indicate that you are currently working. You cannot file for unemployment while employed. You might want to speak to the Wage and Hour Division of the US DOL about not getting paid.
Answer Applies to: Mississippi
Replied: 8/6/2013
WILLIAM L SANDERS, ATTORNEY AT LAW | William L. Sanders
You mention "state disability insurance" which leads me to believe you may be in NJ, and not in GA. I only answer GA questions. I can not advise you on NJ law. In GA, like most states, no funds are taken out of the employee's pay unemployment taxes. That is only done in NJ and Alaska. If you are in GA, you are mistaken about that. If you are in NJ, you need to ask some one else. But, that is a separate issue from the employer not paying UI taxes. If you should have been covered, GA DOL should do a "Wage Investigation" but you will likely need an attorney to get them to do this. I do not know the answer in NJ.
Answer Applies to: Georgia
Replied: 8/6/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Your employer is in very deep trouble, and their actions can have ramifications on you. I need more details but believe you could do most probably consider their failure to pay you, or pay timely, as an effective termination of your employment. Therefore you should be able to file for unemployment.
Answer Applies to: Michigan
Replied: 8/6/2013
Law Office of Russell J. Thomas, Jr. | Russell J. Thomas, Jr.
File your claim; you will get your unemployment, and the EDD will get the money from the company.
Answer Applies to: California
Replied: 8/6/2013
Law Office of Jack Longert, LLC | Jack Longert
In Wisconsin at least, the unemployment process is separate from the wage tax deduction process so a lack of deductions should not affect the unemployment check.
Answer Applies to: Wisconsin
Replied: 8/6/2013
    Law Offce of Richard N. Grey | Richard N. Grey
    You should contact the California Labor Commissioner's Office, Division of Labor Standards Enforcement concerning the late payment of wages issue. You can find them on the web by searching DLSE.
    Answer Applies to: California
    Replied: 8/6/2013
    A. Dawn Hayes & Assoc. P.A.
    A. Dawn Hayes & Assoc. P.A. | A. Dawn Hayes
    Call and file a complaint under the Fair Labor Standards Act. It appears that your employer is in violation of that law and they will investigate.
    Answer Applies to: Florida
    Replied: 8/6/2013
    Fox & Fox, S.C. | Richard F. Rice
    The State unemployment office makes the decisions about you being eligible to receive unemployment.
    Answer Applies to: Wisconsin
    Replied: 8/6/2013
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