Legal Question in Employment Law in California

Employment law

I worked for a company for 8 months. I was suppose to get a payroll check bi-weekly but employer always said she was late in calling hours so she said she called in hours and payroll co. told her amount. So she paid me cash with excess taxes taken out, 120.00 one 2 week pay, should have been 23.oo,and never a deduction explanation. I just received W-2, gross amount wrong, it says no federal tax withheld. EDD already recalculated wages.Labor board settles on my behalf for $500.00 unpaid wages but said they have nothing to do with taxes or punitive damages.Meanwhile, employer has new Mercedes and I have 2 kids and will not get any taxes back. She is a crook.


Asked on 1/22/07, 4:49 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Employment law

IF the employer deducted your taxes and other benefits, but didn't pay them in, they face civil and criminal penalties. Contact the state and federal authorities to report it, but understand that you may face penalties for unpaid taxes, etc.

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Answered on 1/30/07, 3:55 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Employment law

I'm not a tax lawyer. However, you can contact the employer in writing (and send a copy to the taxing authority) telling them that they should issue an amended W2 showing the correct wages -- and put in what you believe to be the correct wages. Again, beware of the additional tax bite, though.

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Answered on 1/30/07, 4:37 pm


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