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 TexLaw Your Own Question
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

Since March 0f 2011 my employer just informed that medicare

Customer Question

Since March 0f 2011 my employer just informed that medicare and ss has not been taken out of my check. They asked if I was exempt and I said no. I have been witht his company since January 0f 2007. They went to a new system and somehow this new system messed up and they did not catch it until last month. They now want me to pay it back but not pretax like it was originally taken out. Can they take out this money without my permission?
Submitted: 3 years ago.
Category: Legal
Expert:  TexLaw replied 3 years ago.


Thank you for your question.

When an employer does not correctly withhold money from each of your paychecks to pay for medicare and social security (payroll taxes), they will be penalized for this failure by the IRS. While you as the employee still owe the IRS the taxes and you have to pay them, your employer cannot come back and withhold all the payroll taxes from your paycheck at the same time.

If they do this, you will need to file an unpaid wage claiim with the AZ Industrial Commission:

You need to also instruct your employer that they are liable to you for any late fees that you incur in not being able to pay all the tax to the IRS because it is their responsibility to withhold these taxes and they cannot do it retrospectively.

Please let me know if you have any questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and does not prohibit you from further discussing your questions with me.

Best Regards,


Customer: replied 3 years ago.

so it would be better for me to pay the IRA myself rather than them taking out money from my pay every two week, again, this is not pre taxed. They also agreed to pay half of 2011 and 2012 but won't half 2103. Are they being willing to pay half because it was there mistake and since it could come out of my pay after taxes? Not sure which is the best way to go. Morally, shouldn't they just pay all of this since it was their mistake and not mine?

Expert:  TexLaw replied 3 years ago.

Look at it this way, your pay check over the past few years was much larger than it should have been. You are legally obligated to pay the tax and are under a legal duty to look at your pay check and determine for your self whether the taxes are being withheld. If they are not, you are supposed to either correct the problem or save the money and pay the taxes quarterly. Morally, I agree with you that it is their responsibility.

As it stands right now, you will owe all of 2011-2013 payroll taxes. If they are offering to pay for half of your liability for 2011 and 2012, that's a good offer as it will reduce the amount you owe in the end. However, the fact that they are going to withhold more than normal from your checks from now on is not fair or right. They are probably attempting to pay the amount that they should have withheld and get away without being penalized.

So, in the end, it's up to you whether you want to participate with this or not. If they pay half of what you owe over 2 years, that would be a savings to you in the end. However, they shouldn't withhold anything other than the normal withholding amount from your paycheck (no matter which way you look at it, your pay check will go down because they will now be withholding taxes).

Customer: replied 3 years ago.

ok I am starting to see that i have no way out of paying this back and they are paying half with the exception of 2013 first three months.

They did immediatly pay there half and my half to medicare and ss as soon as they relized there mistake. The small amount they withhold every two weeks did not make a big difference on my pay and with me not working the same amount of hours every two weeks, I did not notice my check being larger than normal. Yes,l they were originally going to take 500.00 out of my check ---while I was on vacation....then take out another 500.00 the next pay period. I would not have been able to make my car payment if that had happened. I now see, that they can not ask me to pay more than what they would have originally taken out, is this correct?

Expert:  TexLaw replied 3 years ago.
That's exactly correct.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

They have agreed to take out a reasonable amount every pay check however now they are going to take my pay increase (I get this in one big check every year) and they want to take some out of my bonus until this is all paid back to them. Can they legally take this extra money...that i count on away from me?

Expert:  TexLaw replied 3 years ago.
Thanks for following up with me.

This is for money that you owe anyway. Now, you can tell them that you don't want them to take it out and that you will be responsible for the amount due later on. They cannot legally deduct more from your check than is currently due for the current amount of payroll tax. However, you are going to have to pay it at some point.

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... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...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:

  • 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
< Previous | Next >
  • 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
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Related Legal Questions