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When Employer does not Take Social Security Out

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Junior Member
What is the name of your state?What is the name of your state? NY

I have worked at my job for 4 years. During this time, I moved from job to job within the same employer. I was not aware that certain monies were not being taken out. I just assumed that our Human Resources Office would have all of the correct money taken out bound by law. Well, within the last month, they have found they for a variety of reason, many people have been working without having social security being taken out. The IRS caught this and the college ended up paying past social security, on our behalf. Now, the college is requiring us, the individuals to pay them back. What rights do i have in this matter, if any?

Paying the funds back is not the issue. The issue is how much i should have to pay every month. Can they garnish my wages? This was an obvious mistake made by a financial dept. within the employer.undefined


Senior Member
You should contact the IRS regarding this matter. In most cases, the employer having to pay the employee's portion is considered a "fine" (plus penalties and interest that the company must pay) for not complying with the law in the first place. I would recommend contacting the Taxpayer Advocate in your local IRS office to discuss this with them. Honestly (and I've been in payroll over 25 years), I have never had to deal with this. I'm not positive that this is something that they can recover from the employee.

Good luck.

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