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Employers Can Be Liable for FICA Withholding Errors
StinsonLink to more items from this source
Jan. 13, 2015

"The class action suit against Henkel Corporation was filed in 2012 by a former employee who claimed harm because his deferred compensation benefit vested on his retirement, but the employer failed to withhold and pay the FICA taxes at that time. Once the employer realized its error, the employer then withheld FICA taxes from each benefit payment as it was made and also paid the missed FICA taxes, reimbursing itself by reducing the deferred compensation payments to the employee.... [T]he court ruled that the employer was liable to the former employees for damages resulting from the withholding error. The court must still determine the amount of those damages -- and attorneys' fees incurred by the former employees in prosecuting the lawsuit." [Davidson v. Henkel Corp., No. 12-cv-14103 (E.D. Mich. Jan. 6, 2015)]

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