What can I doif my employer started paying me in cash and pocketed the taxes that were supposed to have been paid?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I doif my employer started paying me in cash and pocketed the taxes that were supposed to have been paid?

About 4 months ago my employer stopped giving me a weekly paycheck and paid me the amount of the paycheck, net,  after taxes, in cash. At first I did not think much about it but I also did not receive a pay stub anymore. After a while I asked him for a weekly pay stub but he never gave me one. After asking him over and over he finally gave me one this month. When I checked my annual gross income, it was only 3 weeks of payments higher than it was when I stopped getting a paycheck and not as it supposed to be by now. He pocketed my taxes. What can I do?

Asked on November 20, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your employer  is breaking the law, from what you write. You have two options:

1) You can report him to the IRS and/or state taxing authorities--he is apparently not remitting the taxes he is required to.

2) You can sue him--by not remitting the taxes he has withheld, he is stealing from you, since you will then be held responsible for those taxes. (He's also hurting you vis-a-vis social security credits, and possibly also in regards to unemployment insurance and/or worker's compensation, if he's not making those contributions.)

You should discuss this matter with an employment law attorney to consider what would be your best option.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption