Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?
Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of pertinent tax documents that were then used to formally file missing years on my behalf. During the course of this process I escalated a matter of inappropriate withholding which was attributed to my transition to a virtual location. It took 2 years and multiple attempts to resolve w my employer resulting in a payroll adjustment for 2020 and 2021 ytd monies. Concurrently the municipality served a civil summons for an amount excluding full credit of all taxes paid citing statute and demands answer or payment. A tax professional did collect retainer in 2020 to work directly with one city and never followed through after reaching an agreement with them based on documentation I provided.
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