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14 March, 2010 |

I was working for an employer for 2 yrs. He has not reported any of my wages to social security? What happens?

  • I was working for my employer for 2 years. It is only now that I have filed for unemployment that I have found out that he has not reported any of my wages. What does this mean for me and what should i do next? Will they be penalized for this or do they have a chance to make repayment?


  • Were taxes deducted from your paychecks? Then you should be covered for unemployment, and your employer will be the one in trouble if he didn't pay into it for you. You might have to show your paystubs. And by the way, his reporting your wages to ss has nothing to do with unemployment comp, they are two separate things.

    If no taxes were being withheld from your paychecks, but you filed income tax returns each year and paid self employment tax on it all, then the se tax was for social security and medicare, so money WAS paid into that. But that's separate from unemployment, and you wouldn't be eligible for unemployment.

    If no taxes were taken out of your paychecks, and you didn't report the income and pay taxes due, then you shot yourself in the foot by illegally evading taxes.

    If the employer didn't take out tax but was supposed to, then it's possible they'll go after him for it and you'll be eligible to collect unemployment. But if he didn't take out tax and you didn't report it on a tax return and pay taxes due, then you're in trouble right along with him, for tax evasion.


  • What happens to your employer is not your concern. What happens to you is.

    If you filed for unemployment and your number came up zero, this means he failed to file unemployment tax returns with the state. You should be able to establish what your wages were and benefits can be computed. The state will determine what tax he owes and go after him for it.

    A negative record for unemployment benefits does not mean your wages were not reported to Social Security but if he cheated on one, it is a good bet he cheated on the other. Contact Social Security and ask if wages were reported for you. If not, ask what you need to provide so they can be credited otherwise your retirement benefits will be reduced when you get old. If you are over 25, you should get an annual statement from Social Security telling you what was reported on your account. You would get a good clue from that.


  • Were the amounts deducted from your check? Employer is in big trouble. Yes they will have to make up the payments but also face fines







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