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Employer of my friend did not deduct social security and…

Customer Question
Employer of my friend...

Employer of my friend did not deduct social security and medicare for last 13 years. He was student form INdia on opt for initial 3 years exempt from SE tax witholding but was changed to H1 thereafter but they missed out deduction. They refuse to pay missed contribution.

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

Can you handle such a case? Texas It is a big company and it is their mistake

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

Full time They withdled income tax

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

Salary is around 125K now They started withholding from Aug 2017 after complian but refuse to give anything for past

Submitted: 6 months ago.Category: Employment Law
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Customer reply replied 6 months ago
I will email you tomorrow employment agreement, and copy of W2 and copy pay stub without deduction of Social security and medicare for past 13 yeas (Sending few sample pay stubs) and also first pay stub of August 2017 when they deducted this. I invited their attention orally, but I will also find out if I can get copy of email complaining about this error to employer. My friend has greencard for last 7 years and planning to apply for citizenship. But he is worried that will this non payment of his portion of Social and Medicare will count as tax default for his citizenship application. What should he state against question asking for tax dues in citizenship application. Strange thing is that same employer had hired him on OPT then secured H1 and also applied and secured his green card and made him work for 7 years on green card, still did not deduct social until August 2017.
Customer reply replied 6 months ago
My office line number is(###) ###-#### My name is***** am CPA. You may also email me on***@******.***. This is issue of my friend and a new tax return client. Let me know if lawyer can file law suit against employer. Also need help of lawyer before reporting this error to TWC and IRS. Will IRS charge him penalty or waive it, considering it default of the employer. He was totally ignorant about rules and relied on the employer and complained to employer when came to know the law.
Answered in 19 hours by:
1/4/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Actually, the failure of the employer to make proper payments for the employee would not be grounds to deny his citizenship. However, if they failed to deduct the employee's share of those taxes, then each year when your client filed his taxes he should have claimed it and paid his share. If he failed to do so, while it would not prevent his citizenship application, but he will need to amend his tax returns and make up the payments he should have made for his share of SS and Medicaid taxes. The employer could also be sued for not paying their mandatory share of the taxes as well.

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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