How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Infolawyer Your Own Question

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50291
Experience:  Licensed attorney helping employers and employees.
11313492
Type Your Employment Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

My company is from NY and I live in CA. They do not take CA

Resolved Question:

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
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

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 : Thanks
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 : Yes
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 : Correct
INFOLAWYER : Exactly
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.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50291
Experience: Licensed attorney helping employers and employees.
Infolawyer and 2 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.