Employee Can’t Sue for Employer’s Withholding Failure

An employee sued his employer of 32 years for allegedly failing to properly figure Social Security taxes. He had told the employer of the error, but the situation wasn’t corrected so he sought nearly $2 million in damages. A district court dismissed the case, saying that there is no private right of action under Federal Insurance Contribution Act (FICA). There are remedies for an employee with incorrect FICA withholding, including reporting payroll noncompliance with the IRS. #IdeaoftheDay