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May 1, 2008
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Money & Work »
Professions & Workplace Issues
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ricetwin said:
on November 14, 2009 11:58 AM ET

I was laid off by my employer of a very small company. I have filed for unemployement but my claim cannot be processed due to the fact that my employers id number has gone inactive. My employer refuses to reactivate his number even though his company is still running. I have been waiting almost 3 months now not being able to receive unemployment benefits even though I have paid into my unemployement. Is there anything I can do to force him to reactivate his id number? Is it legal for him to operate without an active number while he employes several people?

6 posts by 5 users
Post #6
JMcCormack said:
on December 3, 2009 03:07 PM ET

I really hope you get the unemployment.  I filed after I got laid-off after working a company two years. At first I was told I qualify and to send in paperwork weekly claims which I did, for three months. I never received a check, told they were back logged. Then the phone call from unemployment turning me down. The company told a bunch of lies, but what really upset me was the unemployment person told me that the company would hire me back. I got off the phone called human resources and was told no, not hiring me back.  I filed paperwork to fight outcome and was told no, because company would hire me back.

Result no job and no unemployment.  

The system is broken. You shouldn't have to fight or get a lawyer for something you pay into.


Post #5
on November 20, 2009 12:59 PM ET
edited on November 20, 2009 01:00 PM ET

I've heard of similar situations. As other members have shared here, law on this matter varies state by state. It sounds as though you've already been "officially" informed that you're not eligible for unemployment insurance due to your former employer's ID status. If the information you received was not from an official state agency, do verify your state's law by contacting your state employment commission. Also, be sure to contact your state's Better Business Bureau and Attorney General's Office to file a complaint. Even though they may not be able to ensure that you receive your benefits, they can initiate an investigation into the company's operations.

 

Good luck,

Marci

 

 


Post #4
mnugent said:
on November 14, 2009 01:59 PM ET

A teacher I know had a similar situation, although her employer had  an ID number, they were still denying her unemployment. She is young and soul supporter of her family. She took it to her attorney and they won the case. You need to see an attorney.

GeorgiaGirl


Post #3
bobskladany replied to ricetwin's Post #2 :
on November 14, 2009 01:24 PM ET

Ricetwin,

 

I would need much more information to understand the reported behvior of your ex-employer.  My best advice is to contact your state department of labor or federal department of labor local office - it's simply illegal to not pay earned wages.  Something is very wrong, and possibly illegal, in your situation.

 

Bob Skladany


Post #2
ricetwin replied to bobskladany's Post #1 :
on November 14, 2009 01:18 PM ET

Bob,

The real issue is I have all the requirements to collect unemployment benefits. I been with the company almost 2 years and have paystubs from bank of america who does their payroll and my 2008 W2.  Regardless of the business id number bing inactive they will not report my earnings and the proper forms to unemployment. I spoke to somebody that said even if he activates his number my earnings would not show up. The company also owes me for back wages. They are still in business paying employees. I know the company does not have a lot of money. I'm just looking for help because I have not seen any money in  6 months from my employer and unemployment.  My last day of work was August 28. 

How does the employer pay in? Do you think he is running his business illegally? What does this all mean for me?


Post #1
bobskladany said:
on November 14, 2009 12:47 PM ET

There are several inconsistencies in your posting about denied unemployment benefits.  An employer, who is properly paying withheld taxes (FICA, federal and state withholdings and federal/state unemployment tax, must have an active state and federal employer ID number.  So, first question is, is the employer properly withholding and paying taxes?  Notify your state revenue agency and report this suspicion.

 

You state that you've "paid into my unemployment".  You don't pay anything.  The employer alone pays unemployment taxes

 

There is nothing you can do to "force him to reactivate his id number.  This is a matter for your state revenue agency , your state attorney general, and your state department of labor.  Challenge your unemployment agency's claim that the employer's id has gone inactive - this isn't feasible or it clearly indicates a violation of labor and tax law.

 

Let me know what happens - Bob Skladany