Legal Question in Employment Law in California
Employer now wants W-4 and back-taxes
So here's the story: I started working for a company that just opened. Initially, I asked them about paying taxes, and was never given a straight answer.
Fast forward to 4 months later, they decide to collect everyone's social security numbers to file taxes and collect retroactively as well. I had just quit, and they refuse to give me my last two weeks of pay without having me come in to fill out a W-4.
The problem is, there are people without SS numbers, and the owners have mentioned that they would just use someone else's social security numbers. I don't trust these people with my ss#, but I do plan on filing taxes, as I have a personal record of the total amount that I was paid by this company.
Do they have the right to refuse to pay me if I don't give them a W-4? What rights do I have?
2 Answers from Attorneys
Re: Employer now wants W-4 and back-taxes
When the employer and employee both ignore the withholding rules, both risk penalties for non-payment. You're should bite the bullet and file a claim for unpaid compensation with the Labor Commissioner to try to get your pay. By doing so you possibly trigger a tax audit of the company that could result in you being required to report and pay your taxes and withholding amounts. However, that will probably happen even if you don't file the claim, because someone is going to report the company and trigger that audit. You might as well try to get get your pay. If you're serious about taking action against the company for the non-payment of all these things, feel free to contact me.
Re: Employer now wants W-4 and back-taxes
When the employer and employee both ignore the withholding rules, both risk penalties for non-payment. You're should bite the bullet and file a claim for unpaid compensation with the Labor Commissioner to try to get your pay. By doing so you possibly trigger a tax audit of the company that could result in you being required to report and pay your taxes and withholding amounts. However, that will probably happen even if you don't file the claim, because someone is going to report the company and trigger that audit. You might as well try to get get your pay. If you're serious about taking action against the company for the non-payment of all these things, feel free to contact me.
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