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Employer Hasn't Taken Out Fica Taxes For Two Years. They Are Garnishing My Wages

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Location: New York City

Hi!

My Employer has not been taking out FICA taxes from my paycheck for two years. I am a W2 Employee with W4 Exempt.

They are an overseas company with an office in NYC but HR in London. They laid me off as of April 2025 and contracted me to work until June 2025. I was the only employee laid off due to business "issues". I was the Personal Assistant to the CEO.

As they laid me off, they offered me two months of severance, I had my lawyer negotiate four months because I am five months pregnant when let go. No one is going to want to hire a heavily pregnant lady.

They came back to me and said we found out FICA taxes were not properly paid (They found this out in March 2025, A month before I was let go) and we are going to pay it on your behalf by taking your entire four months of severance plus your June Salary.

I am essentially getting no severance and no June salary, even though I worked, and I have no job :/

I can't help but also think they "let me go" after figuring out their huge tax mess up as FICA Taxes are an obligation by the company to be taken out of my check. I saw a tax fine notice in the company's mail for failing to withhold proper FICA Taxes for me in March 2025.

Can they legally take past taxes without my consent with no proof of a tax bill or lien against me? They said the IRS hasn't sent them any tax bill, but to save themselves, they will be paying it from my money.

submitted by /u/Awkward_Advantage_41
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