What if my emlpoyer is over withholding from my paychecks?

UPDATED: Sep 30, 2022

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What if my emlpoyer is over withholding from my paychecks?

I have a 480 commission I only got paid 174.
They won’t provide me with a check stub and say I have to look it up online.
I have no garnishments/no healthcare/no state taxes
This is the second time they have taxed me over my tax bracet.
On a bonus check they taxed me 300 on a 1000 check but won’t give me a breakdown on that either.
Is this tax fraud or Wage theift?

Asked on September 16, 2016 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It's only theft if the employer took the money--if they sent itto the IRS (and/or state tax authority), it's not theft. It's also not tax fraud if they sent all the money to the tax authority and what they sent matches what they put on their filings--"fraud" is when there is a lie, but if filings and withholdings match, there is no lie. If indeed all the taxes taken out were in fact sent to the IRS and state, then if that was too high a level (overwithholding), you should get a refund back when you file your taxes, so the money should come back to you.
You have the right to contact the IRS and/or state and request a transacript showing payments made towards your taxes, so you can see if the money is going to them.
For what it's worth, bonus and commission checks are typically withheld at a higher level. For example, when I received a bonus in the past, it was withheld at a 45% level---so $450 of every $1,000.

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