Ask your CPA or tax attorney. I will add tags to increase your chance of a response from a tax lawyer.
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Probably not, but you might ask for verification that the W2 is correct. The withholding would have been showing on your paystubs, and the W2 should be the same as your last year-to-date pay advice. If it is true that only $35 was withheld all year long, your failure to notice it makes you culpable along with employer.
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You can calla nd try to resolve this amicably or have a lawyer try to do the same on your behalf. At the end of the day, the actual monetary harm to you has to justify the initiation of a lawsuit.
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