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Is an employee liable for taxes withheld but not submitted by the employer to the IRS?
No...the employer...both corporate and personally is responsible. This is a criminal and fraudulent act that will be pursued by tax and legal authorities vigorously. The penalties are sever and jail time is common. The employer is stealing US Government trust funds....a very bad thing.
What else can I help you with?
If employer and employee agree to take out taxes and employer does not what can employee do?
This is not something either gets to agree to...it is the law, taken very, very seriously and if your an emplyer you must withhold tax (and contribute o FICA and in most cases State programs too, on your behalf) on your employees exactly as specified...no option...not doing so is criminal and there is no Corporate protection...the officers of the Co are personally liable. Don't mess around for another second...contact the IRS and your States Labor Department. http://www.irs.gov/localcontacts/index.html
Is it legal for and employer to deduct from your pay for unreimbursed business expenses incurred using a company credit card?
Yes - if you used the company credit card, you are liable to repay the amount you spent ! The employer can recover that directly from your wages.
What taxes should I pay if I am employed by a non-US company?
If you live and work in the U.S. then you are liable for the same taxes as anyone else. Your employer will have no difference whether they are based in the U.S. or not as far as U.S. employees are concerned. They will be responsible for the same tax issues as any other employer for federal, state and local payroll taxes. If you are working in another country for an employer in that country then it will be different.
What is a PEO's liability under doctrine of agency or vicarious liability?
A Professional Employer Organization (PEO) can be held liable under the doctrine of agency or vicarious liability for the actions of employees it co-employs, especially if those actions occur within the scope of employment. This means that if an employee engages in negligent or wrongful conduct while performing job duties, the PEO may be responsible for any resulting damages or legal claims. However, liability can also depend on the specific contractual agreements between the PEO and the client company, as well as the jurisdiction's laws regarding employer liability.
What if your program is liable for payment on goods and services received under a contract. What if your payment based on a submitted invoice for all or part of this obligation is a(n) .?
If your program is liable for payment under a contract, it is essential to ensure that all goods and services received are adequately documented and meet the terms specified in the contract. The payment based on a submitted invoice must reflect the agreed-upon pricing and conditions, and it should be verified for accuracy before processing. If there are discrepancies or issues with the invoice, they must be addressed promptly to avoid potential disputes or delays in payment. Ultimately, adhering to proper invoicing and payment protocols is crucial for maintaining contractual obligations and financial integrity.
Is a company liable for an employee using company email to conduct personal business that goes bad?
A company is not liable for employees doing stuff outside the scope of their assigned duties that does not further the employer's interests. An employer has no duty to prevent an employee from being a fool at work.
Why is it important to make a distinction between an employee and an independent contractor?
An employer can be vicariously liable for the torts committed by an employee while they are in the scope of their employment in certain situations. An employer will not normally be held vicariously liable for the torts of an independent contractor because of a lack of supervisory control.
When is a new employee liable for unemployment taxes?
He's not. The employer is the one who pays the state unemployment taxes.
A theory under which an employer may be held liable for the torts of the employee is called?
Vicarious liability or "respondeat superior."
Can an employee who has left his job be made to cover cost of the worker comp package?
No. The premiums of Workman's Compensation insurance are paid by the employer. The employee is not liable for that cost.
Who is responsible if an uninsured unlicensed employee driving a personal auto for company business has an accident?
Well as described, I would say everybody is irresponsible! Generally, an employee acting on the commands of his employer makes the employer liable for those actions - more likely "also" liable - so the employee may not be entirely in the clear, albeit less of an attractive target.
What is imputed Employer liability?
Also known as "vicarious liability."Under the doctrine of agency (or master and servant), an employer may be liable for actions (or inactions) by employees, if the liability arises within the scope of the employment. It is imputed to the employer who has (presumably) given the employee certain powers in the employer's name.For example, a pizza-delivery company could be liable for a vehicle collision caused by an employee attempting to make a quicker delivery, but not for injuries caused by an employee who stops at a bar and gets into a fight (outside scope of employment).
What is the example of the doctrine of vicarious liability?
For example; the employer of an employee who injures someone through a negligent act while in the scope of their employment - that employer is vicariously liable for damages to the injured person.
Can an employer hold an employee financially liable for company-issued equipment?
In court, no. However it cannot go without consideration that if employee was trained to use said equipment and caused damage, the employee may consider contributing to repairs.
Federal Payroll Tax?
Federal payroll tax is a system in which the employer of a taxpayer withholds funds from the employee's wages for the purpose of paying various tax obligations. The employer may owe a portion of the tax liability themselves, based on the employee's wages. This is true with Social Security retirement, for instance, where both the employee and employer are responsible for a share of the tax. Assume an employee makes $1,000.week. At the end of the year, the employee will have made $52,000. Based on this income, the employee would most likely have a federal tax obligation. Rather than waiting until the end of the year for the employee to pay their tax obligation, and risking that they may no longer have the funds, the IRS created employee withholding or federal payroll tax. The estimated tax obligation of the employee is estimated by the IRS, based on the wages earned and the number of dependents the employee is entitled to claim. These estimates are set forth in tables created by the IRS and provided to employers. If a person earns $1,000 a week, the employer may be required to withhold $200 as an estimated tax payment to the IRS. The federal taxes normally withheld by the employer include federal income tax, Social Security retirement and disability tax and Medicare tax. Deductions for things such as a 401k or pension account are normally optional deductions and are not considered taxes. In the case of Social Security retirement and disability, the employer may only withhold one half of the tax obligation (12.4 % plus 1.45 percent for Medicare in 2012). The employer must pay the other half of the obligation from the employer's own funds. With very few exceptions, employers are required to make these deductions for federal payroll tax. If the employer fails or refuses to do so, the employer may be personally liable for the tax obligation. In addition, once the funds are deducted, the funds no longer belong to the employer. They must create a separate trust account for the benefit of the IRS. On a quarterly basis, the employer must file a return with the IRS showing the employees, the wages earned and the payroll taxes withheld. The employer must then pay the amounts withheld to the IRS. If the employer fails to do so, and the employer is a corporation, officers or other responsible individuals may be held personally liable for the amount owed.
What is the extent of employer liability for the criminal acts committed by their employees?
Employers can be held liable for the criminal acts of their employees if the acts were committed within the scope of employment or if the employer was negligent in hiring or supervising the employee.
What is the doctrine of vicarious liability?
The doctrine of vicarious liability describes the responsibility of a person for another's torts. The typical example of this is an accident at work - an employee may have caused an injury to another employee through negligence in which case the employer is known to be vicariously liable for the torts of his servants. In other words the employer can be sued directly as though his employee's negligence was his negligence. Please see related links below for an accident at work FAQ by a UK solicitor.
