Barbara Weltman

Big Ideas for Small Business, Inc.

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Employees Can’t Sue for Payroll Taxes Not Deposited with the Treasury

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Drivers of company subcontracted by FedEx sued because the payroll taxes withheld from their wages wasn’t deposited with the government. A district court  dismissed the case on several grounds, including the fact that employees are barred from suing employers for failing to pay withheld taxes to the IRS. While employers may penalized for this inaction, suits against them are statutorily barred. Employees receive credit for taxes withheld even though not deposited. #IdeaoftheDay

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