QUESTION
I was working under the table for my old employer and he asked me if I wanted to be put on the taxes I said yes I only worked for him for three months
Asked on May 14th, 2016 on Employment Contracts - Pennsylvania
More details to this question:
I was working under the table for my old employer and he asked me if I wanted to be put on the taxes I said yes I only worked for him for three months and when he showed me my w2 it said I worked for him for six months instead of three I asked him why and he said he did it because I have a custody hearing coming up for my sons and said if it said six months it would look better in court so they would think I was working longer I have been contacting him about getting my w2 and he keeps telling me he won't give it to me until I pay him the tax money he payed for me even tho I only worked there for three months so now he's trying to get me to pay for six months of taxes witch I should not owe What should I do
1 ANSWER
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Well your employer was probably wrong paying you under the table at any time. Your employer did not pay taxes that you should have paid. To the contrary, the employer owed the taxes. He is not permitted to withhold your W-2 from you. This is likely a violation of the Fair Labor Standards Act or the Pennsylvania Wage Payment and Collection Law. You should either retain an attorney to pursue your remedies (and get attorneyes fees) or contact the PA Dept of Labor and file a wage complaint. Here is a link to the wage complaint form: http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553573&mode=2
Answered on May 16th, 2016 at 12:34 PM