Legal Question in Employment Law in Florida
wrongful taxing
I work for a retail company as a manager. This company requires management to work 50 hours a week, though we do not get any pay on our checks for anything over 40. Our checks say, ''40 hours''. I brought this up with my boss and was told our annual bonus is our pay for the extra 10 hours. I recently received my bonus and noticed they taxed me heavily on it... my question is, for my regular check, i'm taxed 18.5%, for my bonus i'm taxed over 36%, how can they tell me that my bonus is my pay for hours worked over 40, if i'm being taxed so heavily? i was told by a friend that it sounds as if they are taxing the bonus as unearned income? if this is the case, than how can they legally make us work more than 40 hours a week?
1 Answer from Attorneys
Re: wrongful taxing
Do you have any other proof, other than the checks, to show that you were not a salaried employee? The check stubs themselves will probably suffice, but the more evidence the better.
A bonus is just that, a bonus. Barring any contrary agreements, a bonus is not wages earned. Assuming the facts as presented are true, then you employer is acting illegally.
If you prevail, the law provides that your employer will be responsible for your attorney fees.
You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar
association, or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.
I would be happy to provide a free initial consultation.
Good Luck, Elliot Jay Goldstein (I also have a Tampa office)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this
information. Seek a formal consultation with an attorney.
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