Is it legal if my boss has been writing personal checks with “taxes” withheld but I have received no paperwork telling me where the money that was taken out of my check went?

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Is it legal if my boss has been writing personal checks with “taxes” withheld but I have received no paperwork telling me where the money that was taken out of my check went?

Asked on December 16, 2012 under Employment Labor Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is absolutely illegal. You must obtain a salary statement for every pay period indicating how much in taxes has been paid out on your behalf. You must be able to use this (as a W-2 employee) to prepare your taxes accurately and honestly. If you have no paperwork, did not fill out W-2 paperwork, you are not a W-2 employee and may be considered a 1099 employee (contractor) and might have to pay self employment tax.  If your work is tantamount to that of an employee and not an independent contractor, your boss may be liable to the state and federal taxing authorities for what may be labor and tax fraud.  You should immediately contact your state labor board and IRS and file complaints before you are held liable yourself.


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