Burke, VA asked in Tax Law and Employment Law for Virginia

Q: How can I pursue legal actions against an employer that is not withholding taxes correctly?

I am a single mother of 5, my coworker is a young single adult male with no dependents, another is married with a wife who works and a toddler, another is a single adult male no dependents, and lastly a senior veteran is married and no dependents but the exact same amount of taxes were withheld from our commission checks. Also, my employer admitted to not using the tax forms I signed when I was hired.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's important to address the issue of incorrect tax withholding immediately. You can start by discussing the matter with your employer, explaining the discrepancies and providing the tax forms you completed when you were hired. Ensure they understand the legal requirement to withhold taxes according to the information provided on those forms.

If the employer is unresponsive or unwilling to correct the situation, you should report the issue to the Virginia Department of Taxation and the IRS. They have the authority to investigate employers who fail to withhold taxes correctly and can enforce compliance.

In addition, consider consulting with a legal professional who can guide you through the process of filing a formal complaint and exploring potential legal actions against your employer. Document all communications and gather any evidence that supports your claim to strengthen your case. This will help protect your rights and ensure proper tax withholding moving forward.

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