Legal Question in Employment Law in Texas

What can I do about this?

I recently worked for Attitudes Tanning Salon. When the owner hired my friend and I at the same time, she told us that she would not take out taxes and we would not have to claim them. She hired us back in February. I was recently in an auto accident and injured my back and she ''replaced' me so I am without a job right now. I went to pick up one of my last paychecks, and there was a letter in with my pay check stating that back taxes had been taken out for the 4 other paychecks plus this one. This was unexpected and she had not notified me of this, so I called her, and of course she did not answer. I left a message asking for her to call me back and she never did. Is this legal?? What can I do if it is not legal?

Worried about bills,

Houston, TX


Asked on 5/17/04, 7:37 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: What can I do about this?

It was illegal by your employer not to withhold, and illegal by you to participate in this criminal fraud. You should make sure the belated withholding was proper, including social security taxes, medicare, etc. You might wish to contact the IRS and reveal the business practices of your former employer. I expect there might be some unlawful conduct with payroll and other taxes if this scheme was followed. You might also explore the possibility of a reward from the IRS for bringing this to their attention. And not to moralize, but it would be good not to break the law yourself in this fashion in the future. You not only face criminal penalties if you participate in this illegal conduct, you are placing the burden on everyone else when you do not pay your own taxes.

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Answered on 5/18/04, 12:00 pm


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