What to do if my employer is claiming that more than half of my total wages are mileage reimbursements when they actually are not?

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What to do if my employer is claiming that more than half of my total wages are mileage reimbursements when they actually are not?

All that is happening is my salary is being reduced just to show mostly reimbursements. There is more to this but not sure how deep to go into it as far as what I get paid an what the agreement was and so on. But is this allowed what she is doing? This is making a $3000 difference in what I should be getting back in taxes.

Asked on January 10, 2013 under Employment Labor Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like your employer is also trying to avoid paying payroll taxes.  You need to contact a couple of different people to make sure that your records are clear.  First, if you can afford an accountant or someone to help with your tax preparation, then hire one to help you correctly report your income.  You do not want to get accused of underreporting your income.  Second, contact the Department of Labor and let them know the issue as well.  They may direct you back to the IRS, but they are a good starting point since they are responsible for the enforcement of wage and hour laws in your state. 

As a word of caution, your employer may not be happy with your reporting their fraudulent payroll tactic.  If you are retaliated against for reporting their illegal activities, you would then have what is called a "Whistleblower" action.  With either the payroll issue or retaliation issue, you may want to consult with an employment law attorney--especially since you mention that there is more to the discussion.  You may have more options depending on additional details related to your question.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you and your employer have a face to face meeting with respect to your wages and mileage reimbursement with the hope of ironing out your differences. Possible getting human resources involved is a wise decision.

If your employer does not pay you per the terms of the presumed written agreement that you have, your legal option is to consult with a labor law attorney and/or a representative with your local department of labor to see what your legal recourse and options are.


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