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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116755
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I wAs a FT salaried employee for 4 Years . my employer never

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I wAs a FT salaried employee for 4 Years . my employer never paid my any taxes on me or any detuctions for unemployment, etc...and I was I never given a w4 to fill out or sign. He paid me out of his corporate business account . But I did not work for his corporation. I was his family chef .after I quit he says he's going to W4 me for the past 4 years despite the fact I never was given any tax forms to sign and claim allowances.
Is it legal for him to do this ?
He knows he is in violation of the law and is going to try to go back after the fact and pay your unemployment and social security tax and workers compensation on you. At this point no it is not legal for him to do this and he is going to end up being penalized if you file a complaint with the department of labor against him for failure to withhold SS and taxes and failure to pay unemployment and workers compensation. You can also if you quit for good cause, file for unemployment.

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Customer: replied 4 years ago.
My question is :how can he file a W4 on me if I never gave him my SS# XXXXX filled out & signed ANY tax forms allowing my deductions , withholdings, dependents, etc.. I am currently suing him for unpaid overtime And he is making me an offer far below what he's admitted to owing me. Now he says if I don't take his offer he will file a W4.
No, he cannot file a W-4 without your signature and SSN. He violated the law by not properly classifying you as an employee so you can tell him that if he continues to threaten you then you will file a complaint with the Department of Labor and Unemployment and the IRS for him not properly paying you as an employee and making the proper withholdings as required by law and he will be he ones paying fines and penalties. If he keeps it up, file your complaint for "misclassification" with the Department of Labor and they will fine him, make him pay you overtime and unemployment benefits as well, since quitting for not being paid overtime is good cause to entitle you to unemployment.
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