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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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