Should I take legal action against my employer for putting the incorrect info in the tax withheld section 4 W2

Question

I got my W-2 and when i looked at the federal tax withheld section it was off about $800, however admittedly i did not keep my recent paystubs this being my first job i did not kno any better. i contacted my employer the second week in jan to ask for a duplicate paystub and the woman in payroll said they don't hav it so i figured i lucked out and i continued to file my tax and i got my fed refund but today i happened to stumble across a paystub from oct with the tax withheld already exceeded the amount they stated and from oct to dec i've earned about $3,000 what should i do to resolve this. as a side note i consistantly fight with my company with gettin paid and missing hrs, and checks altogether, so i don't believe this is a simple oversight on their part

Answer 1

Well don't worry, you can always file an ammendment. Meaning, you can change your tax return and get back more money.

Payroll is required by law to keep records of your paystubs and tax info. Keep calling until they give you the information you need. Let them know you have your own records and that they are not correctly reporting your withholdings.

Aside from that, I think you should call a lawyer who does free consultations (or look for free services provided in your city) and get this figured out. It sounds like the company is involved in some pretty serious fraud.

Answer 2

Your recourse is limited. First, you have to notify your employer that your form W2 is wrong. If you are having a hard time with them, then send the evidence (photocopy of the paystub) to their payroll people via certified mail.

Next, you can file a complaint with the IRS. The hows of that I do not recall, but you can. Your employer will be fined for producing an inaccurate W2 - it's either $50 or maybe it's gone up some since I did this sort of thing, but it's not a hefty fine. However, if your employer made a mass mistake and many employees have bad W2's, then that $50 fine per employee adds up to some serious money. It would be up to the IRS whether or not they want to audit your employer. They might, they might not.

Anyway, your employer will have to issue you a new form: a W2C, which will show the before and after correction.

Lastly, you will have to file a corrected return with the IRS using that W2C you got from your employer. If you wind up owing them money, then you are going to get hit with interest charges. If they assign you penalties, you just show the documentation that this was an employer error, and they will waive the penalty, but they never waive interest.

Answer 3

If you don't know what your last paystub for the final pay period in 12/06 stated for your earnings or tax w/held how the heck do you know if it's off?
I don't want to be the big bad nasty ugly here- but the chances of your withholding being off are really slim.
People don't just enter random #s into fields on a computer screen to figure how much tax to take out.
Computer programs do that, if your withholding is off- everybody that works with you has the same problem.
It's not going to be off for just a few pay periods and just happen to certain people.
I can tell you this if your withholding is off so are all your coworkers and so are your employers books.
Money has to balance buddy- that includes your withholding
I am betting that your problem w/ missing hours has a lot to do w/ your failure to turn in a legible timecard or to clock in and out.
It is now March, you are just now figuring out that your withholding is off?
Sounds really fishy-
What exactly are you using to calculate what should be with held?
Check out the link, it's called a paycheck calulator- see if it works out for you

Answer 4

Ask for another W-2 and by law, they have to have a duplicate. Sounds like they do not have their stuff together and a complaint is in order to the local workforce commission. If the W-2 is wrong, you will have to file an amended return.

Answer 5

Ask them to correct it and amend your taxes. If they refuse then ask the IRS what to do. What are you going to sue for?

Answer 6

sounds like their payroll records are all jacked up. take it to L & I