QUESTION
I have won $94000 in back pay for 2010- 2012.
Asked on Apr 28th, 2015 on Labor and Employment - California
More details to this question:
I have received the check but the pay period is 2 weeks in 2015 and the Fed and State taxes are close to 50%. I believe that the Percentage Method for income tax withholding was used. My contention is that attributing the total amount to a 2 week pay period just because that is the typical period used by this company, is not reasonable. Can I argue that the pay period applies to current employees only but not former employees? I feel that distributing the pay over 27 pay periods makes more sense but I'm not sure how to make this happen.
1 ANSWER
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The amount of taxes withheld are a function of the input to the computer program used by your employer to write the check. Your employer should be able to override the defaults in this program and correct the problem. It sound to me like there may be a bit of retaliation going on here by the accounting people.
Your attorney should handle this for you. If you don't have one, you may want to get one or wait until you get a nice refund in 2016.
Robert J. SpitzLaw Offices204 N. San Antonio Ave.Ontario, CA 91762(909) 395-0909fax (909) 395-9535email: tplaw@aol.comWebsite: robertspitzlaw.com
Answered on Apr 29th, 2015 at 12:22 PM