Clinton, TN asked in Employment Law, Tax Law, Business Law and Social Security for Tennessee

Q: How to get SSA withholding that my now deceased employer failed to send to SSA?

My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The family promised employees that the back SSA would be paid, but has thus far failed to do so. Now the new company is closing and has asked us to sign a release to receive a severance package. Is it safe to sign this release since the new company has paid all taxes owed to us? Or will signing this release make it so we can't go after them for the previous company's fraudulent keeping of our SSA contributions?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Social Security Disability Lawyer
  • Tallahassee, FL

A: Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you what it SAYS and what it MEANS.

If you do not have a family lawyer either get one or hire one for this single event.

(Note: Reviewing very important documents affecting your relationship with any Tennessee employer that is or was involved in a federal law dispute--like this one--does not have to be done by a Tennessee lawyer. Shop around, using the Find a Lawyer tab.)

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