I was fired and the company did not bother to look at my federal exemptions they just entered 1 for my final check. Is this ok?

Asked almost 2 years ago - San Jose, CA

The owner did not go to my file or the payroll company and check what my actual exemption was. I am wondering if this is legal?

Attorney answers (3)

  1. Neville Francis Fernandes

    Contributor Level 11


    Lawyers agree

    Answered . You should be able to recover whatever extra you paid in taxes when you file your tax returns and get a refund.

    Another issue is whether you were paid all your final wages including any accrued vacation time on your final day of employment? In California, an employer cannot wait even one day to pay an employee that it terminates. If you weren't paid on time then you have a wage and hour claim and should speak with an employment lawyer.

  2. Neil Pedersen

    Contributor Level 20


    Lawyers agree

    Answered . An employer is supposed to withhold taxes from your paycheck in accordance with the wishes you state in your W-4. However, a failure by the employer to do so once is a very minor infraction that would not be worth making a big deal about. You will not pay more or less taxes as a result of the issue. The government will simply be able to hold a little of your money longer than it otherwise would have.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  3. Marilynn Mika Spencer

    Contributor Level 20


    Lawyer agrees

    Answered . For nearly all types of legal actions, one must have suffered some kind of harm. It sounds like the employer was in a rush to get you your final check and made a mistake. But even if the error was intentional, you haven't actually been harmed because the amount of taxes will be adjusted when you file your income tax.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more

Related Topics

Termination of employment

Termination is when your employer ends your working relationship and you no longer work at the company. You must be paid for all hours worked until termination.

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