Can my employer change my number of exemptions without consent?

UPDATED: Oct 1, 2022

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Can my employer change my number of exemptions without consent?

I had filled out a tax form claiming 2
and then i changed that number to 3.
After receiving a couple paychecks i
noticed my exemption number changed back
to 2 without me signing off on it. I
received no explanation when i asked
about it. Only told me to refill out a

Asked on May 16, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, they cannot, but there really isn't any legal action you can take. Regardless of whether what someone else did was right or wrong, you can only take legal action (e.g. sue) for the loss or "damage" you took. But you didn't lose anything: reducing your exemptions temporarily takes money out of your pocket and so changes the timing of paying taxes, but does not increase or otherwise change your total tax liabilty. At the end of the year, you owe the same amount of total taxes, whether it was withheld upfront or paid later, at tax time. Since you have not lost any money, there is no compensation to which you would be entitled.

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 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.

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