Dallas, TX asked in Employment Law and Tax Law for Texas

Q: Is my situation eligible for a lawsuit or investigation against the corporation I work for? I didn't get paid correctly.

I got hired by Xerox Corp. as a full time employee, however, I never received an email to complete my W4. No Orientation Day existed. I have received my first 3 paychecks through direct deposit but had no access to my paystubs until I figured it out later. When I got access to my paystubs I notice I was paying an unusual amount in fed withholding tax. I So I contacted the HR number on the paystub and I got hanged up on twice, third try... a robot told me to send an email. Fourth try, I reached to an HR rep and she told me to send an email to payroll services. I sent a email to them, then they told me to create a ticket. I clicked on the link and created it. Then later someone from HR took charge of the ticket and sent it to Payroll Services, and they sent it back to HR, and so forth until someone from payroll told me that I didn't do my W4 which I never received when I hired. I asked them if it will fix my previous paychecks and they said "no" except the next ones.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: I can't see how you have been substantially harmed by the company withholding a larger amount for income taxes since any overpayment will be refunded to you when you file your taxes. At best, you might be entitled to the interest you would have been able to earn on the difference between the amount withheld and what should have been withheld from the date of your paycheck to the date you receive your tax refund. Unless you are a very highly compensated employee and have a lot of exemptions, I predict that this amount of money will be quite small.

1 user found this answer helpful

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