What legal action can you take if your employer is not paying your tax withholding?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal action can you take if your employer is not paying your tax withholding?

Asked on September 6, 2011 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue your employer: the money he is not paying on your behalf is either 1) your own money, which he has taken out of your salary/wages, and therefore is stealing from you; or 2) the employer match, which if he does not pay, you will be responsible for. In either event, directly or indirectly, he is taking your money when he has no right to do so, and you may sue him for it. Other options include reporting him to the tax authorities (e.g. IRS and state tax agency) and/or to law enforcement (since tax fraud violates criminal law, as does stealing someone's money). Therefore, there are legal options or recourse available to you. You may wish to consult  with an attorney to decide which approach makes the most sense in your situation. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption