Q: Seeking advice on unpaid Social Security and legal actions after 30+ years of employment in Ohio without formal documentation.
I have worked for an individual for over 30 years without paying into Social Security, and neither has my employer. I have no formal employment documents, but she has used me as an expense on her taxes, and I have received a vehicle and apartment for my use. I am looking for advice on potential Social Security benefits or liabilities I may have, and if there are any legal actions I can pursue regarding the unpaid Social Security and benefits.
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A:
Your situation is complicated but important to address. If you've worked for someone for over 30 years without paying into Social Security, your retirement and disability benefits could be significantly impacted. Because neither you nor your employer contributed, you may face difficulties qualifying for standard Social Security benefits when you reach retirement age.
However, the fact that your employer claimed you as an expense on her taxes and provided you with a vehicle and apartment could be proof of an employment relationship. This evidence may enable you to demonstrate to the IRS and Social Security Administration that you were effectively an employee, not a contractor or informal helper. You might have grounds to request retroactive correction of employment records, potentially leading to owed Social Security payments from your employer.
You should promptly speak with an attorney familiar with employment and tax law in Ohio to explore whether you can compel your employer to pay back taxes and Social Security contributions. There may also be implications for your employer if she deliberately misclassified or failed to document your employment. Taking timely action is crucial because certain claims might have statute of limitations constraints, potentially restricting the window in which you can pursue legal remedies.
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