Legal Question in Tax Law in Florida

How long can an employer NOT withhold your taxes?

I used to work for a company, I was there for 4 months. I was hired as a telemarketer but soon became a Customer Service Rep. I was told that after 3 months I would have my taxes taken out, however in month 4 I went to my boss and asked why they haven't been taken out yet. He told me that he couldn't until I worked as a Cust. Serv. Rep. for 3 months. I went to the receptionist and filled out ALL paper work for my taxes to be taken out. A few days later I was fired. The boss didn't fire me and when I went to talk to the boss he shooed me away as he was on the phone as I stood there in tears histerically crying. They allowed me to leave the building in that condition to drive. My question is this, can he not take out my taxes for 4 months and does this sound right?


Asked on 1/30/03, 4:18 pm

1 Answer from Attorneys
Karen Spigler Law Firm of Karen Spigler, LLC

Re: How long can an employer NOT withhold your taxes?

If an employer can dictate enough details of your work (i.e. your hours, where to do your job, what your job consist of, etc), then the employer is obligated - from your first paycheck, according to IRS statutes and regulations, to withhold payroll taxes and pay the employer matching portion of the Medicare and the FICA. This does not release you of the obligation to pay federal income taxes on any earnings you may have earned at that company. You may want to contact the IRS for further information.

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Answered on 1/31/03, 9:53 am


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