Do you think I can sue employer for not taking care of my payrol taxes properly and getting me into debt. If you think about it I have not done anything wrong but worked and because of the employer did not performe due diligence I own money now to Social Security. This is not only for one year, this is five year period. I had no idea what taxes schould of been witheld. And they are hiring a lots of foreign people there, they should known that.
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Do you
think perhaps you should consult with an attorney instead of tax preparers? That may be a better road to travel. -
Just a side note here> in your take home pay check was your SS& Med. You received that money and of course spent it. I don't know why your employer did not withhold it, it may have been your foreign status or no SS # in the beginning or whatever the cause, that status never got changed.
You should be sure that you are only paying back the employee's portion, not the employer's portion. Do the calculation for each year's W-2 and add them up to compare what the employer says you have to pay back. Any penalties belong to the employer.
Do you know what your situation was when you first started working?This post is for discussion purposes only and should be verified with other sources before actual use.
Many times I post additional info on the post, Click on "message board" for updated content.Comment
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I am sorry you are in this position. However, you state that this has been going on for at least 5 years. That's too long to claim ignorance. After that length if time, you should have been aware that taxes were not being taken from your wages.
As was pointed out by Bob W you received the money and have had that to live on for these 5 years.
Ignorance of the law is no excuse to the IRS.
This is a debt you owe.You have the right to remain silent. Anything you say will be misquoted, then used against you.Comment
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hmmmmm
I am inclined to agree with the person who suggested that this student seek a lawyer, perhaps through the school unless of course the school is the employer. I personally blame the employer rather than the individual. I would feel the same way if the student were an American. It is unreasonable to expect anyone to complain that they have just received too much money or have received money to which they are not entitled.Comment
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In order for you to sue, you have to have damages. The error was you got too much money and the feds got none.
All the employer can do is withhold the amount that should have been withheld, at no interest. The employer can't even ask you to pay any penalties for having access to the government's money for 5 years.
What are your damages?Comment
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