How do I pay an employee that has already been deported?

I did not know he was illegal until he was taken. He has been paying taxes but now that he is gone what do I do with his final check? His parents are insisting that I re-cut the check in thier name. No I will not do that nor will I speak with them regarding his pay in any way shape or form since he is over 18. I did trying mailing his check to his address on record but it "never showed up". I know takes are supposed to be 30% for a non us citizen working here and I do have a copy of form W-8BEN but what do I do with that and his final check form a legal standpoint? I should also mention that I am not held to having to send unclaimed payroll to the state after 180 days.

Update:

It is not leagal to give it to anyone other than him. So no I will not give it to his parents in any way.

And Cali thats just plain stupid. You have to pay someone for working: educate yourself:

http://www.nytimes.com/2002/04/20/national/20SAMO....

8 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    Find out if the first check you issued was cashed. If it was it is no longer your problem. Besides you want to know if that first check hasn't been cashed, or that the parents aren't trying to get additional money from you if it has.

    You may need to find out from his parents where he was deported to, and get an address for him from them. Tell them you are concerned and want to know how he is doing. They may be more willing to give you an address on him for you to get in touch with him, and send him his check. If after 180 days you still cannot get him his check, it is out of your hands.

    As for the W-8BEN and the 30% for taxes to be taken out for a non us citizen - You may have to go back and redo all your taxes to make sure that you paid in full what you were suppose in taxes knowing now that your employee was an illegal. In fact, you need to look into that. Otherwise the IRS could come back on you.

    I also suggest that you run everyone of your employees through the E-Verify program to make certain you have no more illegals within your company. It is a free program for employers to join.

  • Anonymous
    1 decade ago

    I have to think you're just very lucky not to have been fined 10K as the law is SUPPOSED to do to employers who knowingly or unknowingly hire illegals. To continue committing the crime by paying this person seems like an extraordinary risk on your part. The whole point is he's not eligible to receive a salary for work in the US. He knew this when he lied about his status.

  • 4 years ago

    it fairly is a seize 22 subject. i think of any human no rely who they're or in spite of if or no longer they have the potential or no longer would desire to be taken care of via hospitals. in spite of if, i think of, that it fairly is ashame that American people who go with surgical procedures are being instructed that till they are in a position to come again up with a solid volume of it they are in a position to no longer recieve the care mandatory. i think that if a well-being facility treats a affected person it fairly is illegally in this usa that they are obligated to rfile those human beings to suited government.

  • Ali A
    Lv 4
    1 decade ago

    What have you done when/if other employees have left without leaving a forwarding address? Personally, I'd mail it to the parents (leave the check in their son's name) for them to give to him. Or, you may want to check with your State's Dept. of Labor to see what they'd suggest.

  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    1 decade ago

    If you can figure out his whereabouts and manage to contact him Western Union would be the easiest option.

  • Vivac
    Lv 7
    1 decade ago

    Place it in an account until he contacts you that is all.

  • 1 decade ago

    i would give it to his parents..one thing is right he probally used a fake address...he parents will not keep his money,if anything they probally will send it to him to come back..i say this because my boyfriend is a mexican and he would do that.family look after family to them

  • Anonymous
    1 decade ago

    Don't pay him, it's not necessary.

Still have questions? Get your answers by asking now.