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Category: Employment Law
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Experience:  Licensed attorney helping employers and employees.
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My company is from NY and I live in CA. They do not take CA

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My company is from NY and I live in CA. They do not take CA State taxes out of my paycheck nor NY state taxes. They make this the responsibility for those who live outside of NY .

Are they in any way required under law to pay a any state fees for unemployment? One person who was laid off last year and lives in Kentucky tried to file but could not. They told me I could file in NY but when this guy tried he needed to show a ny drivers license - or pay back taxes. I want to cover my bases without pressuring may company which would make me look like a pain to them.

Please advise

INFOLAWYER : Hello and thank you for the question. I am sorry to read of this dilemma.
INFOLAWYER : are you an employee of the company?
INFOLAWYER : are they giving you a w2?
Customer: Yes I am an employee - outside sales
Customer: They do issue a W2 but informed us that we are responsible for state taxes
INFOLAWYER : in that situation they do need to withhold
INFOLAWYER : otherwise they are putting you on the bad end of having to control and pay at year end
INFOLAWYER : and tax authorities may seek to penalize
INFOLAWYER : you may seek to demand they withhold
INFOLAWYER : or leave it alone
INFOLAWYER : and see if there is a penalty
INFOLAWYER : if there isnt, then I would leave it alone
INFOLAWYER : if there is, they would cover it
INFOLAWYER : Is that clear?
INFOLAWYER : that way to reduce confrontation now
INFOLAWYER : are you there?
Customer: They just make it our responsibility. Can I demand that they pay California taxes?
INFOLAWYER : You can demand they withhold
INFOLAWYER : but practically, if you have no adverse effect and simply have to save it and pay later
INFOLAWYER : you may want to avoid confrontation
INFOLAWYER : which is typically the case
INFOLAWYER : tax authorities will typically accept the payment at year end
Customer: So I would pay my state taxes myself and include unemployment benefits in those payments. That way I can file from employment in California if I was ever terminated?
INFOLAWYER : correct
INFOLAWYER : But I would seek to get them to pay by asking once more
INFOLAWYER : and explain you want to avoid having penalty imposed which they would have to pay
INFOLAWYER : they then would have their accountant look into it
INFOLAWYER : and likely deduct
INFOLAWYER : as they wont want to run afoul
Customer: So are you saying my company would have to pay the penalty because I'm paying my own unemployment taxes?
INFOLAWYER : correct
INFOLAWYER : You may want to have the conversation with HR
Customer: Can my accountant give them an email or notification that they will be paying this account that they are not paying my state taxes and unemployment benefits
INFOLAWYER : or have your accountant speak to them
INFOLAWYER : which may get them to reconsider
INFOLAWYER : Precisely
Customer: There's not much of an HR department in this company
INFOLAWYER : then with a manager
Customer: HR is also the same person that's telling me That I need to pay my state taxes
INFOLAWYER : with the person in charge
INFOLAWYER : that person is more likely to listen to an accountant or local lawyer
INFOLAWYER : but decide if you want that confrontation
INFOLAWYER : it may not be worth it at this point
Customer: I'm guess I should just handle this with my accountant and make sure they are notified that they will be paying the penaltys
INFOLAWYER : you may want a wait and see approach
INFOLAWYER : I trust the answer is fast and acceptable
INFOLAWYER : Kindly rate the answer Excellent
Customer: I will is there any chance I can get a transcript of this conversation sent to me
INFOLAWYER : You can copy and paste this, or you can log back and review.
INFOLAWYER : the site is accessible to you whenever you want
Customer: Okay thank you for your time
INFOLAWYER : My pleasure.
INFOLAWYER : enjoy the rest of the weekend
INFOLAWYER : Please rate the answer as "Excellent" Leaving a bonus is always appreciated.
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