is this going to be a problem

[eddiep]

My husband just noticed on his check today that his employer has already cut his vacation check. He is taking the first week of july off because they are closing down for the week. He noticed that 40 hours vacation is listed in the wages year to date. He has not recieved this check yet but it appears that it was cut in june. It will not push us over median but it puts us close. Is this going to be a problem? Can they correct this?

[LuciluS]

Eddie:

My memory is wavering tonight. 341 Meeting already held? I think it has happened right? IF so, no worries.

Seems to me, if the company was shutting down for a week, and he is taking vacation it would be treated as a normal paycheck. Probably the reason why the payroll dept. listed it like such or is like dh's company and has regular pay and other pay. When he takes vacation or his safety days, it is always included in regular pay. Only thing that has been listed under other pay, is if he gets stopped by DOT, passes & gets $25.00 added to his paycheck.

Hope this helps.

Luci

[eddiep]

No we have not filed yet. The date has been set though July14. So having this check cut but not given to us will but used in our 6 month look back right? Or no since he hasn't recieved it the problem is, it looks like he did.

[LuciluS]

K What's your 6 mth look back 1/1/09 - 6/30/09 or is it 1/13/09 - 6/14/09?. I guess it really doesn't matter on the lookback period.

Can hubby go to the Payroll Dept. (if they have one, or the person who handles payroll) & explain he has never received the check & explain it's for the week the co. is going to closed and he is taking vacation pay that week. Ask him/her if it would be possibe to void check and re-issue for the week company will be closed?

It would be different if hubby was holding the check, but he's not. Check may have been cut so employer could include such checks in his 2nd quarter payroll taxes. Can't imagine why an employer would want to do such tho??

Weird! why company would do such a thing unless because of the afore mentioned paragraph. But still, what's the purpose in issuing checks and not giving them to the employees?

Luci

[eddiep]

I know it doesn't make any sense, why cut the checks weeks ahead of time? That is what I am worried about, how do we explain this? Oh they cut the check but didn't give it out for three weeks. At this point even if they void the check it has shown up on his past two checks as paid in the year to date income.

[LuciluS]

Get the Head Honcho of the Payroll Dept. or our Dh's supervisor to write a letter stating checks were cut for the week of __________; however, checks were not distributed to employees.

I think that would take care of any issues the Trustee might have. Crap, write the letter yourself and have hubby take it to work, let them put on their letterhead & get a signature.

Jeezel Pete, I don't know what else you can do. Hope this check will not put you over the State Median. I know in our case, one extra paycheck isn't going to make a difference as we are way below are State Median. I received SSD as I'm a 100% disabled. It doesn't apply to the Means Test, but the Gross is used in determining your disposable income.

I'm off to bed. Have good evening. Don't worry too much about this check. Even if the company ignores your requests or Dh's, maybe a letter from the Attorney would spark a fire under someone's rear end in the company

Niters,

Luci

[LuciluS]

Eddie:

The lightbulb just came on LOL! That's going to mess up your disposable income right??? Grrr, I would be calling his company first thing Monday morning or your Attorney.

Luci

[OhioFiler]

I would NOT include the income on my schedules if the company has not actually issued the check by June 30. You can explain to the TT why it shows on your paystub and show him the actual check (or copy) which is most likely dated in July.

It appears the payroll department will also be taken a mandatory vacation so they planned ahead. The TT will understand this if it becomes an issue. When you attend your 341 meeting if it is brought up be prepared to explain it.