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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114019
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I need an immigration lawyer and employment lawyer, I was

Customer Question

I need an immigration lawyer and employment lawyer, I was underpaid on my 2011 income tax , but looking at my records I have the Employment authorization from 3/17/11 to 3/16/12, and a Veterinarian here in NY is supposedly $ 88,000.00 . Now my questions:1. Even without an employment contract , since I have an employment authorization I should be paid at $ 88,000.00 correct ?2. With this said this is income tax fraud as he malicious paid me by a difference of a whooping $ 65,000. , this is a clear violation correct3. Can this still be reported to the IRS and he be prosecuted ?Please advice
Submitted: 3 months ago.
Category: Business Law
Customer: replied 3 months ago.
Any legal advise on this crucial matters ?
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) If you did not have an actual written contract stating your salary was $88,000 a year just because the average pay of a veterinarian in NY is $88,000 a year does not mean you are entitled to that much. Your employment authorization only gives you rights to work in the US, it does not guarantee you a salary. Furthermore, if you were underpaid in 2011, under NY and US law to file a wage claim you must do so within 2 years of the date of the underpayment and if you did not file a suit or claim for wages within 2 years of the date the pay was due, your claim is barred.
2) Just because you were underpaid does not mean it is tax fraud. If the employer reported to the IRS that you made $88,000 and you did not make that amount of money, then you could have a claim against the employer for fraud, but if they underpaid you and did not report you earned that much it has nothing to do with tax fraud. If they did report you made $88,000 and you were not paid that amount, then you would have had to have sued them within 2 years of the date as it is a wage claim.
3) The IRS does not have any stake in this, it is between you and the employer and if you missed the statute of limitations I am afraid that your suit would be barred as it is now 5 years later.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 3 months ago.
I will check with my lawyer if we had a contract or not during that year
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 3 months ago.
a different solution I would like.
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
Perhaps it is the language barrier, but I have no clue what more you would like with the vague information you provided above.
While you may LIKE a different solution, that does not mean there is one and it does not mean the law will change just because you do not like what it is. Attorneys do not make up the law, we just get blamed by people like you for having to tell them what the law is and I am sorry you dislike the law, but at the end of the day it is what it is and we wish you all the best. Good luck to you.