The tax is your responsibility whether they withheld the tax or not. Your paycheck was bigger as a result of not taking the taxes out. You should have noticed this on you check stub as well. You have no damages other than a possible penalty that may be charged for under withholding. I just do not see a lawsuit here. You should make sure that your paycheck has the correct withholding in the future. You can enter into a payment arrangement for what you owe now and ask your employer to pay the penalty if it was there fault. Check the W-4 you submitted first to make sure it was there error.
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No, you cannot sue.
The payment of income taxes is your personal responsibility, regardless of whether your employer withheld the proper amount of tax.
You need to make sure you have a correct W-4 on file with your employer.
The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.
Unfortunately, there is not a lot that you can do if you recieved all the income. An employee that claims exempt (wrongfully or rightfully) is still liable for the taxes because they are benefiaries of the income, not the employer.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is email@example.com.