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

UPDATED: Sep 6, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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