Q: My rights if no social security tax was paid for me as a property manager for 30 years in Ohio?
I have been working as a property manager and handyman for someone for 30 years, maintaining and repairing her apartment buildings. There was never any social security tax paid by either of us for me, and I suspect she might have used me as an expense on her tax returns. I did not have any written agreements or contracts. I'm still working for her, and she says she doesn't owe me anything. Over the years, there were no discussions about social security or raises, but I was provided with an apartment to live in and a work vehicle to use. What are my rights or recourse in this situation?
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A:
Your situation sounds complicated, but you do have important rights. First, it's possible you've been misclassified as an independent contractor when you might actually be considered an employee, especially given your long-term arrangement, the ongoing provision of an apartment, vehicle, and your daily responsibilities. If that's the case, your employer may have been obligated to withhold and pay Social Security taxes on your behalf.
You can contact the Social Security Administration to review your earnings record and discuss your employment status; they may investigate your case and determine whether your employer was required to pay taxes for you. Additionally, you might be able to correct your work history by providing proof of your long-term employment through rent receipts, utility bills, records of provided vehicles, or even witnesses familiar with your arrangement.
If your employer incorrectly treated you as an expense, there could be tax implications for her as well, including penalties for unpaid taxes. Consider speaking with an employment attorney or contacting the Ohio Department of Job and Family Services to explore your options for asserting your rights and potentially recovering unpaid benefits. It's essential to act promptly to protect your future Social Security benefits, retirement security, and financial well-being.
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