Q: W2 and w4
I live in upstate ny, my employer never had me fill out a w4 and he just takes fica out of me. He pays cash and gives me a piece of paper with his hand writing every payday in with my pay showing me how much he took out for fica. Ive been working for him for 10 months now and i received a w2 in january showing just how much i made and fica that was taken out of me. He said he filled out the w4 for me and put all zeros down without asking me. Why would he do that? He also spelled my last name wrong and 1 number is wrong in my social security number. He says he reports quarterly to social security and the irs. So if thats the case than why havent they said anything to my employer about an incorrect social security number and my last name spelled wrong?? Its been 10 months! I dident make enough money to have to file a tax return but i have given my employer the correct social security number and spelling of my last name since i noticed it. Is he hiding my employment???
A:
You must act now.
Call the New York State Department of Labor and report everything to them. If he fires you for doing that its retaliation and you can pursue a lawsuit.
If you don't straighten this out it can affect your social security benefits and retirement. Good luck. If you get fired you should be able to recover unemployment benefits for up to 6 months assuming you meet everything else.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
