Posted by Julie on December 18, 1997 at 17:29:32:
In Reply to: Re: W-4's and Employers ???? posted by Common Right Group on November 07, 1997 at 04:59:39:
: : How does one file with a new employer and NOT GIVE a w4 form with a SSN# ???
: "Gee, Mr. employer, I don't have a Social Security Number that I can give you. Is there a law that applies to me that says I have to get one of those things? I don't plan on applying for any welfare benefits under the guise of Social Security, or any other corporate government benefits for that matter. My Religious Creed doesn't allow me to identify myself with numbers." [The EEOC WILL back you up on that last point, but use it only if you mean it.]
: "Uh, by the way, Mr. employer, this W-4 form you handed me doesn't comply with the law. According to the Internal Revenue Laws, the section of code that discusses these things talks about a 'Withholding Exemption Form,' then a few subsections later, discusses these 'Withholding Allowance Forms'. What do the Treasury Regulations say? Huh, Mr. employer?"
: It just might be a good idea to get the job first, that is be fully hired, then when they come after you for that stuff, play dumb. Now, if they fire you, you may have grounds for a wrongful termination suit. That's the short of it. We are assisting in two lawsuits right now covering just this subject matter. One is about an employer, the State of California, unlawfully withholding when there is no number or W-4 on file, therefore no authorization; and their insistence the employee provide a "street address," saying a mailing location and telephone number aren't good enough. The other is over wrongful termination for refusal to file immigration forms, use numbers, and file a W-4. Different parties. The outcomes of these cases should be interesting. One is in federal court (Title 42) and the other in state court.
You might just take a look at 26CFR31.3402(p)-1 on 'Voluntary withholding agreements" and see just how many times and with what words its says that it is voluntary.
Hope this helps.
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