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I went to do my taxes and found out I did not pay enough…

Customer Question
I went to do...

I went to do my taxes and found out I did not pay enough taxes and will have to pay the IRS. When I inquired why with my employer they stated I changed my exempts to 9. I never changed it ever. When I went to update my drives lic. with the DMV I found my address was changed. I did not think anything about it until I found my exampt was change to 9 when I never asked for it to be change.

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

NV

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?

I have all emails of anything that was changed on my file but no email regrading to change my exempts.

Submitted: 1 month ago.Category: Employment Law
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3/7/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,873
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry to hear about this situation. Can you please clarify for me what specifically it is that you would like to know? How can I help you?

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Customer reply replied 1 month ago
How can my W-4 be change with out me signing for it to be changed. When I bring the issue of with the VP of HR in my company she was like they women made a mistake and basically it no big deal due to me know noticing the difference in my paycheck. I told her since I never asked for anything to get changed and to have money going to 5 different accounts I didn’t notice the difference in my check deposit. So my question legally can they change my dependents or exempt amount with out my consent. They make it out to be no big deal now I am screwed for my daughters prom and graduation.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

Thank you. A change to your withholdings could only have lawfully been made by you, if you submitted a modified W4, or at the direction of the IRS. However, the IRS would never order your withholdings to be reduced, since that would be contrary to the IRS's own interests. Therefore, it would seem to be clear that your employer made a mistake.

The issue here is one of calculating damages. If you are PENALIZED by the IRS in some what for not withholding adequate taxes, I think the case would be clear to hold your employer responsble for those penalties. But if you are not penalized and this is simply an issue of you now having to come up with the extra taxes, that is not a "damage" when you think it through. It's not a damage because you essentially got to keep MORE of your money for longer. In other words,rather than giving it to the IRS automatically each pay check via withholding, you got to keep that money until the end of the year before paying it. Essentially, you got an interest free loan--a benefit to you. So, there is no damage in that this is money you had to pay either way. So, I think it would be very hard to hold your employer responsible for your additional tax liability. Still you could certainly attempt to reason with them. Also, if you can show that you will suffer consequential damages as a result of now being made to pay the tax liability, such as late fees on credit cards, or an eviction, you could quite possibly recover those consequential damages on a detrimental reliance theory.

I would try to resolve this with your employer on a personal level before resorting to legal threats, as I think you would be likely to achieve a better result with a friendly, cooperative approach. Basically explain that they were negligent here in changing your withholding and that it is going to cause you to suffer significant financial hardship and that they should make up for it by covering the additional taxes. You may find that they just pay it.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

Can you please let me know if you're getting my messages to you?

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Customer reply replied 1 month ago
I got you answer. Thank you. It’s just not fair but it is what it is.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

I agree it's not fair and I truly wish I could provide better news. If there is anything else I can do for you before we wrap up, just let me know. Otherwise, if you would please take a moment to positively rate my service to you I would really appreciate it.

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