Legal Question in Employment Law in Texas

Is this legal?

I recently worked for a tanning salon and when the owner hired me, she told me that she was going to take out taxes and that i didnt have to claim them. i was injured in an auto accident and had to resign from my job. the owner did not like that because she depended on me too much, and when i went to pick up my second to last paycheck, there was a letter stating that she took out back taxes for all the other paychecks received. i considered myself contract labor for her because i was planning on paying my taxes at the end of the year. i never filled out a w4 form for her, so she took out taxes as if i am single and claiming 0, but im claiming 1... she will not give me the money she owes me unless i fill out a w4 for her NOW. what would you suggest i do in this situation, and is this legal what she is doing?


Asked on 5/26/04, 9:15 am

1 Answer from Attorneys

Re: Is this legal?

It appears that there was an oversight in that they had no W4 on file. They may be allowed to withdraw the full amount and in allowing you to correct the deductions and refund the amount in error.

If you are an independent contractor, keep in mind you should be make quarterly payments to the IRS.

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Answered on 5/26/04, 11:18 am


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