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Dr. Bob is Robert Hsiung, MD,
bob@dr-bob.orgShown: posts 1 to 9 of 9. This is the beginning of the thread.
Posted by Greg on August 15, 2001, at 12:20:13
I think I remember you mentioning awhile ago that you are a lawyer specializing in employment law (I could be wrong, the memory isn't what it used to be). If that's correct, would you mind if I asked you a question regarding my last employer?
If I've got the wrong person, sorry about that.
Greg
Posted by akc on August 15, 2001, at 12:44:22
In reply to AKC, a question?, posted by Greg on August 15, 2001, at 12:20:13
> I think I remember you mentioning awhile ago that you are a lawyer specializing in employment law (I could be wrong, the memory isn't what it used to be). If that's correct, would you mind if I asked you a question regarding my last employer?
>
> If I've got the wrong person, sorry about that.
>
> GregYou got the right person, sort of -- people get this mixed up all the time. I specialize in employee benefits -- so I am an expert (or will be, I'm still fairly young as a lawyer) in drafting pension and welfare (health, cafeteria, etc.) plans and helping employers administer them. I do know a little employment law (like FMLA and HIPPA and Mental Health Parity Act), but that is because I have picked some up because you do so in my area of law (some overlap) and because I have a personal interest.
You could ask me your question, but I will be real hesistant to answer -- I worry about giving legal "advice" via the internet. It is really no different than some of the ethical issues that mental health professionals are facing in regard to the internet. But I may be able to point you in a direction where you can get it answered. Is that okay?
AKC
Posted by Greg on August 15, 2001, at 13:03:47
In reply to Re: AKC, a question? » Greg, posted by akc on August 15, 2001, at 12:44:22
It really is a benefits question...I think.
I was laid off about a month ago and rec'd a severance package. When I rec'd my check, they had taxed it at bonus rates. I believe it amounted to between 45-46%. I live in California. I was wondering if it's legal to do this? Isn't severance considered to be earned salary? It was a major shock when I saw it! They tell me that this is considered a bonus. I changed my deductions to married-10 to avoid be taxed like this but it made no difference...
If you're not comfortable answering, that's OK. Any feedback you can give me would be great!
I hope you're doing well.
Greg
> > I think I remember you mentioning awhile ago that you are a lawyer specializing in employment law (I could be wrong, the memory isn't what it used to be). If that's correct, would you mind if I asked you a question regarding my last employer?
> >
> > If I've got the wrong person, sorry about that.
> >
> > Greg
>
> You got the right person, sort of -- people get this mixed up all the time. I specialize in employee benefits -- so I am an expert (or will be, I'm still fairly young as a lawyer) in drafting pension and welfare (health, cafeteria, etc.) plans and helping employers administer them. I do know a little employment law (like FMLA and HIPPA and Mental Health Parity Act), but that is because I have picked some up because you do so in my area of law (some overlap) and because I have a personal interest.
>
> You could ask me your question, but I will be real hesistant to answer -- I worry about giving legal "advice" via the internet. It is really no different than some of the ethical issues that mental health professionals are facing in regard to the internet. But I may be able to point you in a direction where you can get it answered. Is that okay?
>
> AKC
Posted by akc on August 15, 2001, at 13:37:49
In reply to Re: AKC, a question? » akc, posted by Greg on August 15, 2001, at 13:03:47
Greg,
Unfortunately, I know absolutely nothing about Calfornia withholding laws (I'm not even that well versed on KS and MO Law!). You may want to check out the following publication (you will need Adobe reader to download):
www.edd.ca.gov/de44.pdf
This is the official rules that California employers have to follow when doing payroll withholding (though trust me, they hire others to figure these rules out). The answer to your question should be here; it is just a matter of decyphering this manual.
It appears that you will have to refer to the California Unemployment Insurance Code to figure how withholding is calculated on severance pay. You can get to a searchable version of the CUIC at:
www.leginfo.ca.gov/calaw.html
For some simplistic information regarding your paycheck, you can also look at:
www.taxes.ca.gov/index1.htm
This is about all I can do for you without entering that sticky area of giving advice. I hope it helps.
AKC
Posted by susan C on August 15, 2001, at 14:14:39
In reply to Re: AKC, a question?, posted by akc on August 15, 2001, at 13:37:49
Greg,
Sounds like a big %! Do you have an accountant CPA Attorney who can help? or refer you to a specialist CPA familar with severence state requirements?
If it were me, I would at least complain and challenge. I am very sceptical when it comes to employers, unions, insurance, anybody telling me what to do. They have to prove what they have done is right. Especially if it means I get less money.
Mighty Mouse 'Here I come to save the day'
> Greg,
>
> Unfortunately, I know absolutely nothing about Calfornia withholding laws (I'm not even that well versed on KS and MO Law!). You may want to check out the following publication (you will need Adobe reader to download):
>
> www.edd.ca.gov/de44.pdf
>
> This is the official rules that California employers have to follow when doing payroll withholding (though trust me, they hire others to figure these rules out). The answer to your question should be here; it is just a matter of decyphering this manual.
>
> It appears that you will have to refer to the California Unemployment Insurance Code to figure how withholding is calculated on severance pay. You can get to a searchable version of the CUIC at:
>
> www.leginfo.ca.gov/calaw.html
>
> For some simplistic information regarding your paycheck, you can also look at:
>
> www.taxes.ca.gov/index1.htm
>
> This is about all I can do for you without entering that sticky area of giving advice. I hope it helps.
>
> AKC
Posted by Willow on August 15, 2001, at 15:09:28
In reply to My $0.02?, posted by susan C on August 15, 2001, at 14:14:39
Greg
Are there government agencies in California that you can call to ask?
OR Are there places you can put the money to lower tax bill?
OR If it is incorrectly done will you be refunded when you do your taxes?
Willow (who knows nothing about making money in the States)
Posted by Greg on August 16, 2001, at 0:11:09
In reply to Re: AKC, a question?, posted by akc on August 15, 2001, at 13:37:49
Thanks for the info on this. I'll check out the sites and see if I can come up with something. I really didn't mean to put you on the spot and I appreciate you pointing me in the right direction.
Greg
> Greg,
>
> Unfortunately, I know absolutely nothing about Calfornia withholding laws (I'm not even that well versed on KS and MO Law!). You may want to check out the following publication (you will need Adobe reader to download):
>
> www.edd.ca.gov/de44.pdf
>
> This is the official rules that California employers have to follow when doing payroll withholding (though trust me, they hire others to figure these rules out). The answer to your question should be here; it is just a matter of decyphering this manual.
>
> It appears that you will have to refer to the California Unemployment Insurance Code to figure how withholding is calculated on severance pay. You can get to a searchable version of the CUIC at:
>
> www.leginfo.ca.gov/calaw.html
>
> For some simplistic information regarding your paycheck, you can also look at:
>
> www.taxes.ca.gov/index1.htm
>
> This is about all I can do for you without entering that sticky area of giving advice. I hope it helps.
>
> AKC
Posted by Greg on August 16, 2001, at 0:19:31
In reply to Re: My $0.02?, posted by Willow on August 15, 2001, at 15:09:28
> Greg
>
> Are there government agencies in California that you can call to ask?Probably, I need to do some more research. I think akc's ideas will give me a good starting point.
>
> OR Are there places you can put the money to lower tax bill?Are you talking about something like a 401k or an IRA? The taxes have already been taken, I think it's too late for that.
>
> OR If it is incorrectly done will you be refunded when you do your taxes?I'll definitely see extra on next years tax return, but I really could've used the money now being out of work and all.
>
> Willow (who knows nothing about making money in the States)Greg (who should bring his money to Canada where it would be worth more... :)
Posted by akc on August 16, 2001, at 7:55:44
In reply to Re: AKC, a question? » akc, posted by Greg on August 16, 2001, at 0:11:09
Greg,
You didn't put me on the spot. I'm pretty comfortable setting boundaries with this area of my life. I just hope you are able to figure this out. I do think that if they held too much out, you will get it back in the spring, but that doesn't help out too much now, I realize. Good luck.
AKC
> Thanks for the info on this. I'll check out the sites and see if I can come up with something. I really didn't mean to put you on the spot and I appreciate you pointing me in the right direction.
>
> Greg
>
> > Greg,
> >
> > Unfortunately, I know absolutely nothing about Calfornia withholding laws (I'm not even that well versed on KS and MO Law!). You may want to check out the following publication (you will need Adobe reader to download):
> >
> > www.edd.ca.gov/de44.pdf
> >
> > This is the official rules that California employers have to follow when doing payroll withholding (though trust me, they hire others to figure these rules out). The answer to your question should be here; it is just a matter of decyphering this manual.
> >
> > It appears that you will have to refer to the California Unemployment Insurance Code to figure how withholding is calculated on severance pay. You can get to a searchable version of the CUIC at:
> >
> > www.leginfo.ca.gov/calaw.html
> >
> > For some simplistic information regarding your paycheck, you can also look at:
> >
> > www.taxes.ca.gov/index1.htm
> >
> > This is about all I can do for you without entering that sticky area of giving advice. I hope it helps.
> >
> > AKC
This is the end of the thread.
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