Lack of Cooperation by the Employer - Reason 6
Friday, 26 March 2010 10:06

Written By Larry Beebe
Bond Beebe
P: 301.272.6025 E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Are “No Shows” When the Auditor Arrives

When you arrive at the place (and time) of the scheduled payroll audit, you are informed that the person you are supposed to meet is not there, and no one knows where he/she is.  You wait for a reasonable time, but the person is still absent.  You should then ask to speak to the most senior person available at the employer and discuss the matter with them.  You should show that person the provision in the agreement and declaration of trust detailing the consequences of failing to keep the payroll audit appointment.  The auditor may eventually have no choice but to leave the employer’s premises.  Before leaving, the auditor should document everything that happened before leaving.

Where the employer is small, the auditor may find only a locked door when arriving.  After 15 minutes of waiting, the auditor should call the employer and leave a message, leave a note on the door and/or send an email.  If none of that works, the auditor should leave for 30-35 minutes, go get a cup of coffee and then come back.  The auditor can repeat the process first attempted and then leave if there is no success.  All efforts should be documented and provided to fund counsel.

I once showed up at a residence in South Florida to do a payroll audit, only to be greeted by a locked door and a barking dog.  I could hear the phone ring as I left a message.  I sat in front of the residence contemplating my next action when a police cruiser stopped and asked what I was doing.  I quickly provided my letter of introduction to the employer showing that the audit was scheduled.  I eventually left and went home.  The employer called the next week and apologized.  She had been suddenly hospitalizes and had forgotten about the audit.  Her story was believable and we made arrangements to have her send me the required documentation for the audit.

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