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i am an idaho employer who recently hired an employee who refused to fill out and submit a w4. i kept getting the same excuses, i forgot my information, etc. after a week i terminated the employee. now the ex employee wants their pay and i dont know what to do regarding the lack of federal tax documents. i later learned that the employee wouldnt fill it out because she didnt want to report her new job to unemployment. what do i do?

2007-09-23 06:36:00 · 3 answers · asked by top2bottomllc 1 in Business & Finance Taxes United States

3 answers

I hope you did at least get her SSN. If that is the case you can still report her wages and withhold at the higher single rate. (I had an employer do that until I turned in the w-4, I had to wait for my husbands employer to let us know what he put down because my husband couldn't remember, so I could adjust my withholding.)

If you did not get a copy of her proof of citizenship, identification, and SSN, you may want to contact your business attorney.

If she wants her paycheck... tell her she MUST provide the PROOF you request... PERIOD! Perhaps send it via certified mail. However, I would still check the labor laws.

If she is trying to hide the income, I doubt very much she will take it any further than verbal threats. I would call her bluff and IF she goes to the labor board, just explain to them what she still has to turn in to you. They will forward that information to her in an attempt to resolve the dispute. Then it will be up to her to send you the forms.

Lesson learned: Don't allow an employee to begin without all their paperwork turned in.

2007-09-23 07:06:16 · answer #1 · answered by peggy m 5 · 2 0

If an employee does not submit W4, withhold the taxes as Single with 0 allowances. I don't think that it was necessary to terminate the employee if she has social security number and photo identification.

2007-09-23 22:35:39 · answer #2 · answered by MukatA 6 · 0 0

Withhold taxes from their check as if they'd filled out the W-4 as single/zero allowances, the highest withholding rate. Then give them their check. You'll be covered legally.

2007-09-23 06:54:01 · answer #3 · answered by Judy 7 · 3 0

If you got this person's SSN, then withhold at single with no dependents. If you didn't then I wouldn't pay her until 1) you get the number along with 2) proof the number is actually hers.

2007-09-23 08:48:34 · answer #4 · answered by Steve F 2 · 1 0

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