You don't have to sue them to get paid payroll tax back. All you have to do is correct your W-2 via Form 4852 and ask them to return it. They can always so no, and then you might have to sue them. If they say "no" and do not refund it, you now have standing to sue and your case victory is a slam-dunk AND the IRS has to pay all your legal fees after you win.

Change your W-4 to "EXEMPT" to prevent Federal deductions from your paycheck going forward. You will have to do this EACH year until we can pressure the corporations or accounting firms to make the default "EXEMPT". This will be the issue in future litigation and possibly may be made moot if the House of Rep passes "IRS Reform" legislation which appears to be in DRAFT form. You can check Congressional Record to see what is going on with that.

You don't have to sue them to get paid payroll tax back. All you have to do is correct your W-2 via Form 4852 and ask them to return it. They can always so no, and then you might have to sue them. If they say "no" and do not refund it, you now have standing to sue and your case victory is a slam-dunk AND the IRS has to pay all your legal fees after you win.