I am out of status/illegal (due to overstay). However I do file taxes and I have filled out the proper labor forms (I did not lie or mislead).
Last year, I was terminated from my job after a huge blow out with my boss (very small company). He held back almost a month's worth of my wages.
1) I received my W2s today. In it, this man has reported all my wages to the IRS, even though he did not honor all of it.
2) I have been debating if I should pursue the matter with the Labor dept.
What recourse do I have? If I report to the relevant authorities (in this case IRS and Labor), would my status come up? Will I be exposing myself? Will red flags be raised? If my complaint details are investigated by IRS and Labor, will they uncover my status?
Or should I forget doing anything and just file taxes with the incorrect W2s?
It's illegal to hold employee's compensation and report false information on W-2's, call your boss, tell him to pay you now, otherwise, file a report with the police and call the IRS and let them know about it. IRS or police don't care about your status. I used to be illegal and paying my taxes, callled the IRS many times for assistance and there was no problem.
Posts: 197 | Location: PA | Registered: 12-16-2003
I don't think IRS or even most of courts care what you immigration status is when you have an employer who hasn't paid you wages (someone correct me if I'm wrong). I'm sure they won't report you to immigration, IRS only cares about you paying their dues to them, call them and ask for assistance.
There's no reason why you should pay tax on wages you haven't received! This is ridiculous.
Yes call the IRS first, it's illegal to hold employee's compensation in the first place, in addition, he's reporting false income on your W-2, if the IRS has nothing to say, I'll be walking into the plice station and file a report, either for the boss to give you your compensation or correcting the income on the W-2.
Posts: 197 | Location: PA | Registered: 12-16-2003
I would be carefull about calling IRS and turning in your boss. I don't know if your boss knows that you are out of status. If he knows, he will try to revenge you and possible call the INS for deportation or so.
ziuljeta - Thank you for your response and thoughts.
I'm not overly concerned about my boss. I am infinitely more concerned with the IRS and Labor Dept. finding out about my status. My (former) employer risks a hefty fine (up to $20K??) and possibly sanctions by reporting me to USCIS, assuming that they are aware of my status in the first place. I don't think they would risk that.
I wonder how streamlined the computer networks are amongst various govt. agencies these days. Can they access all relevant details by punching in someone particulars, eg. SSN? Which brings to mind another question. How effective is the Employee Verification Program? I understand that the pilot program has now been extended to all 50 states.
Folks, an update for those who are interested. I called and relayed the situation to both IRS and Labor Dept. I told them I wanted to remain anonymous. So technically, no formal complaint was filed.
Today, I received a "corrected" W2 from the a%$h%#e (i.e. what he actually paid me). I don't know if IRS actually called him (I have not had any contact with the idiot for months).
If and when Labor calls him, maybe I will get all my back pay as well!! (Fingers crossed). My understanding is that he has done this to others, and has been non co-operative in addressing unemployment benefits (to US citizens). (I have no idea how that works. I've never collected unemployment even when I wasn't working). Perhaps with my input Labor will be persuaded to investigate.
not sure what state you are in, but... see http://www.state.me.us/labor/uibennys/Unemployment%20Laws%20&%20Rules.htm especially chapter 16 (just download a word document to read)
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