Employment Law

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I was working for a multinational for 20 years abroad in…

Customer Question
I was working for...

I was working for a multinational for 20 years abroad in which I was misclassified as a Private Contractor to avoid benefits.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Besides the name of the company I think we have enough to get started

Submitted: 7 months ago.Category: Employment Law
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Customer reply replied 7 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 7 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 3 minutes by:
11/27/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,893
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your specific question for us about this issue? Why was this issue not raised 20 years ago?

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Customer reply replied 7 months ago
When I was hired at 20 years of age I was told the company would retain and settle all my taxes in the Dominican Republic and abroad. When I was dismissed, is when I realized they had registered me as an Independent contractor in the Dominican Republic with out my approval. They would pay taxes direct in the DR but never paid any State of Federal taxes back home. Since I was paying local taxes and I was not over the 90 thousand mark I knew I didn't owe the USA government any back taxes so I never looked into it much, not until I was dismissed.
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Okay, what is your question for us about this?

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Customer reply replied 7 months ago
Being that I'm a USA citizen that was working for an American Company out of a country that is not part of the Totalization Agreement, the company should have retained and paid taxes both in the USA and Dominican Republic. Is there any legal action I can take, can I get monetary compensation?
Employment Lawyer: Law Educator, Esq., Attorney replied 7 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.

If it does turn out that you were improperly classified all this time and nobody realized it and you should have had taxes paid (employer's share of SS, because any other taxes ultimately are the employee's duty so even if the employer did not take them out the employer is not liable to pay the employee more money to do so), then the employer can be sued to pay any unpaid employer's share of SS. Otherwise, the taxes are ultimately the employee's liability and the employer failing to take them out of the employee's pay them would not mean the employer owes the employee more money.

So, the only claim you could have is if they should have paid their employer share of SS tax and failed to do so and for that you could sue them to make that correction.

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.

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Customer reply replied 7 months ago
How can I go about sueing them for unpaid SS
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

First, you need to send them a demand letter explaining what you believe they owe you and why. If they refuse to pay, then you must get a local employee benefits attorney, as this suit would need to be filed in the federal court and that is not where you should be going without an attorney as you need someone who is familiar with the rules of procedure and evidence in federal courts as the judges there do not tolerate mistake from pro se litigants well.

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Customer reply replied 7 months ago
Can you recommend an attoeney
Customer reply replied 7 months ago
Can you recomend a Lawyer
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Because there are so many attorneys and we do not support any particular attorney from this site, the best we can do is give you the same site that other attorneys use for you to get a MD employee benefits attorney, http://www.hg.org or http://www.superlawyers.com

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.

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Customer reply replied 7 months ago
Does it make sense for me to move forward with this?
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

Generally, if you just discovered this error and the employer just discovered the error it could impact your social security benefit amount so it is usually worthwhile to pursue.

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.

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