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W-4 not done, employee on the run from the law

HR in OklaHR in Okla 253 Posts
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How about this one? We hired a CNA, scheduled her for new hire paperwork at 9 am. About 10:30, we checked with our nursing dept...where is she? Found out she had gone directly to them, bypassed HR, and they started her dept. orientation. Before they could send her back to us, she got an emergency phone call. She said her "brother had been in an accident" and ran out of the building. Next thing we know the local police called. Said she was wanted for harboring fugitives in a felony. We gave them all the info. we had.

We'll probably never see her again, but my real question is: What about the 5 hours she was here? Ordinarily we would pay for that time, but we have no W-4 or any other paperwork. We have her SS number from her app, but my Accounting dept. will not process payroll without seeing a SS card and having a W-4?

I don't feel good about not doing a final paycheck, but even if we did one and mailed it certified mail, she wouldn't be in town to pick it up. Anyone ever run into this one?? Any advice?
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  • CathieCathie 26 Posts
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    Suggestion: If you use a payroll service, they can almost certainly tell you what the appropriate taxes would be. Cut her a check for the five hours using Single, 0 deductions.

    As for accounting demanding to see a social security card before they will add to payroll, would they just not pay someone if that person had lost their card?
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  • Theresa Gegen TXTheresa Gegen TX 814 Posts
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    You'll need to check your state's law to see if there is a requirement that you turn in unclaimed property (including pay that is not claimed). I would cut her paycheck, and possible hold it for 30 or 90 days. Then if she does not contact you to collect it (which she won't), turn it into the unclaimed property office at your state, and let them worry about it.

    Good Luck!
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  • WOCO FrankWOCO Frank 496 Posts
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    Wow. You folks must be a lot more concientious than I am. ;)

    Do you seriously think she will ever show up to get her check?


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  • HR in OklaHR in Okla 253 Posts
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    Thanks everyone. I like the one about the unclaimed property dept. You'd have to know our accounting manager to understand some of this. I don't think you take taxes out on a check as small as this one, maybe $40, anyway. Just FICA. We can verify with a phone call if the SS number we have matches her name.

    It's a matter of trying to be legal and ethical. I know she'll never complain, but I also know Okla. law on paying final pay.
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  • HR in OklaHR in Okla 253 Posts
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    Update for the curious. I got word from another dept. that she had come in wanting her job back. As far as I knew, she was still wanted by the law. I set her up by calling her mother to say I would pay her if she would come in and sign some papers. Then I called the detective and alerted him. Turns out she had posted bond and even the detective on the case hadn't been told. Anyway, she came in, signed the forms and we prepared the check and mailed it certified, per law. Whew!
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