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  1. #1

    Exclamation Employer Wants Reimbursement for FICA Taxes, Not Deducted from My Paycheck

    I hope this is the right category because I have been looking for awhile now. Anyways, I was employed with the State of California from 2008 until I was laid off in December of 2014. During that time I was part time up until 2013. The whole time I was part time, my employer did NOT deduct Social Security from my payroll. I honestly had no idea how it worked because I have only worked in two jobs and when I asked my personnel, they told e it was correct. My stupidity. In 2013, I became full time and personnel then told me I owed Social Security for all of those previous years. I asked them to tell me a total and this went on for over a year. When I would ask, they said they were working on it. When I got laid off in December, they told me I owed almost 8000 for this and I needed to pay them, not Social Security. I told them I needed proof that they paid on my behalf and how they came up with that amount. I did not hear anything until the middle of March when I received yet another amount that I owed. This time it was 400.00. I emailed and wrote them again asking for proof. Oh I should mention that the told me I had 15 days to pay or I was going to be sent to collections. Anyways, five days later, personnel told me I owed over 4000.00 (yet a third amount) I again asked for proof of how they came up with that. To this day, I am still waiting for the proof. My question is do I owe my old employer? I read different things all the time and the latest I saw is that I wouldn't owe because of statue of limitations and that they would be responsible for their error.

  2. #2
    Join Date
    Oct 2014

    Default Re: Fica

    I agree you should get an accounting in writing from the state as to exactly what it believes you owe. You may owe for some of the period you worked, but likely not all of it. I don’t practice in CA and CA has a fairly complex set of statutes of limitation (SOL) compared to some other states, so I can't tell you for sure what the SOL would be for this. But without an accounting for what the state says you owe, you cannot determine for yourself if the state’s claim is good and how much of it the state could actually successfully sue you to get back.

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