What do I need to do if I recently found out that an ex-employer took Social Security earnings out of my pay and never submitted it to social security? What do I need to do, beside reporting it to social security?

I had worked for a company that had gone out of business. I recently went to the Social Security website to see what my benefits would be if I became disabled and noted 3 years of 0 contributions to Social Security. I pulled my W-2’s for those years and money had been taken out of my earnings but apparently never sent to Social Security.

Asked on August 14, 2018 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can and should sue the ex-employer for the money. That was YOUR money: while they took it out of your paycheck, it was your money--money you had earned, and which they owed you--which they took out. Whether they lost track of it through carelessness or deliberately took it (stole from you), either way, they owe you the money. The way to get money from someone who either lost your money negligently (carelessly) or stole it is to sue them. If you worked for an LLC or corporation, you sue the business; if it was a sole prorprietorship, you sue the owner personally.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.