
04-15-2005, 02:07 PM
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Corporations "Brain Washed"
Started new job on monday. filled out a hundred papers including my w-8. no ssn # . Got a call at work from human resources. They are pulling there hair out over me not having a social security card. I tell them i am not required and they tell me they can't pay me. They use a outside company to do payroll. I know this is all bull! I sent them a pamphlet on tax id numbers and who needs them. I also sent a constructive notice of my rights not to disclose ssn. Haven't heard anything yet. They even ordered me uniforms and took my employee picture to post on new employee board. Not sure what any of that means if anything. But i thought it kind of funny how frantic human resources sounded when they called me to tell me they do'nt know what to do. They are required to deduct withholdings from my check too! Yeah and according to the IRS the sky is pink with purple polka dots.
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04-15-2005, 02:35 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,389
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Welcome to the forum
Could you tell us where to get that pamphlet?
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04-16-2005, 11:07 AM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 238
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Corporations "Brain Washed"
The "w" in w-8 stands for withholding! When you fill out that form you're making a request that your employer makes themselves your withholding agent! [They get rewarded in SS credit(s)(something most successful self-employed people never draw upon anyway). The withholding agent can also demand that they be paid (what they usually make) per hour for all time spent dealing with the IRS' money.]
I seem to remember a court case in Texas where a man was fired after being hired. The company fired him because their accountant stated that they couldn't pay him. In essence if he had a SS# the company had no problem, but since he did not he must go. He had been very excited about this new job, for it could have become the very job he worked till retirement, yet he looked for employment elsewhere. Later he decided to take this matter to a court. From what I remember this court awarded him based on the E.O.E. (Equal Opportunity Employment) act all pay he would have made with yearly raises factored in up to his age of retirement with benefits. I don't have the cite handy...might have been in 1997 or 1996?
2501
__________________
"IMPOSSIBILIUM NULLA OBLIGATIO EST"
Dubuque rei potissinia pars prineipium est
Ad recte docendum oportet, primum inquirere nomina, quia rerum cognitio a nominibusrerum dependet. Co. Litt. 68.
Qui sentit commodum, sentire debet et onus. Bouvier's Maxims of Law (1856)
Extra territorium just dicenti non paretur impune. 10 Co. 77; Dig. 2. 1. 20; Story, Confl. Laws section 539; Broom, Max. 100, 101. Cujusque rei potissima pars principium est
Last edited by 2501 : 04-18-2005 at 02:21 PM.
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04-16-2005, 07:00 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Posts: 272
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No SSN
I tried to find it again, but could not. I read about a case against a TACO shop awhile back where a young man that did not have a social security number was not hired. When he asked the manager why he had not been hired, the manager said that company policy prevents hiring anyone without an SSN. The young man took it to court. The employer contacted the IRS and was told that ALL persons must have a SSN. They would not however send someone to court to state this ON THE RECORD. The emlpoyer lost, but the young man was gracious. He just wanted the job. The "judge" however awarded not only a job, but made the corporation pay fines, and court costs for the young man as well as a monetary award.
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04-16-2005, 11:40 PM
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Yep...
It was Taco Bell.
I remember after reading this case, sometime ago, I went for a new hire and was hired on the spot with the wages that I requested because of my experience in that particular field.
The next morning the human resource manager called me and mentioned that I forgot to put a s.s.n.# on the application and asked for it. I said that I didn't have one, and she replied "everybody's got one" and that we need the number because we use the last four digits of this number for your security code to get into the building to work each day.
I then asked her "what if two people have the same last four digits"?
She then replied... you can't work here without the number and hung up on me.
I really miss that job (grin)
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04-18-2005, 08:30 AM
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Have claimed that i have a religious conviction against it.
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04-19-2005, 12:29 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,389
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Make a 1st Amndmt Redress out of it whydoncha?
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04-20-2005, 03:54 AM
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Waking Up
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Join Date: Oct 2004
Posts: 5
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Use the USC
The code is very specific about this matter... not that they might care.
"Any person required under the authority of this title to make a return, statement or other do***net with respect to another person SHALL REQUEST from such other person, and shall include in any return, statement, or other do***ent, such identifying number as may be perscribed for securing proper identification of such other person." 26 USC 6109(a)(3)
"If the person making the return, statement, or other do***ent does not know the taxpayer identification number of the other person... such person MUST REQUEST the other person's number. The request should state that the identifying number is required to be furnished under authority of law. When the person making the return, statement, or other do***net does not know the number of the other person, and has complied with the REQUEST PROVISION of this paragraph (c), such person must sign an affidavit on the trasmittal do***ent forwarding such returns, statements, or other do***ents to the Internal Revenue Service so stating." CFR 301.6109-1(c)
They are required to ASK for the tax ID #... and they did. Since they do not know the #, they are simply supposed send an affidavit saying that they asked for it, and their obligation ends there. But trying to get them to believe the code is the challenge. And just think, these people act like they live by the code.
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04-20-2005, 05:26 AM
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Just got a certified letter from my employer. Says after much research we have determined that we are required by the irs to obtain a ssn from all employees. ADP has allowed us to use a dummy number in order to generate a check through our payroll system. this will be used for payroll and benefit reporting purposes and not for any tax reporting purpose. we request again that you complete a w-4 an pennslyvania tax form. Because you did not supply a ssn to us you are subject to income tax withholding at the highest rate. Where does it say this is my question and please state the statute that determines such. Anyone here have any ideas?
Last edited by FreePennsly : 04-20-2005 at 09:52 AM.
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04-21-2005, 02:18 PM
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Got my first check. It was witheld to the max! That was probably processed before i got to communicate to them my position. Now how to get that back?
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