If my boss didn’t deduct the proper state tax from my pay, what do I do?

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If my boss didn’t deduct the proper state tax from my pay, what do I do?

My boss told me I was a WA worker and deducted my pay accordingly. The business closed and when I filed for unemployment. I was told (by the accountant) all my hours are reported to OR. Now I have a W-2 from OR employment department with the OR tax taken out and 1 from him with no state tax withheld. Do I need to pay the state tax? I heard you get it all back, so would it be a wash? Should I talk to the IRS or OR state tax department? I need to file my taxes.

Asked on January 22, 2011 under Employment Labor Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have already indicated that you have an accountant.  He or she is the best person to speak with about the issues that you have raised here.  And I would speak with a tax attorney depending on how much you will owe and if there is a penalty for same and see if you have a case against your employer.  You can not sue him for the money that you would have owed anyway.  But if you are in any way penalized because of the failure to pay the taxes - that is what you can sue him for.  But if the business is already closed then it may be a wash all the way around.  You have to look at the situation and weigh it all.  It is a business decision at this point in time.  Good luck.


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