Is there any recourse if an employer skipped about 4 years in paying social security?

They deducted it but never reported it to SS. Is there a statute of limitations for this? The new owner (from same group of investors as always) began paying properly about 4 or 5 years ago but nothing was done to rectify that I am missing years from my social security record. Some one said there may be a 6 or 7 year statute but this person is afraid to say anything for fear of losing her job or creating a hostile work environment. Does it matter that the person works in a federally subsidized senior housing building?

Asked on July 24, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is always a statute of limitations. Depending on the exact circumstances, this would probably be governed by the statute of limitations for fraud or breach of contract, which is 6 years for either. Therefore, you would seem to potentially be able to sue to recover sums wrongfully taken or withheld from you up to six years ago, but not sums older than that.


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