mom24doggies

Hopefully someone here knows something about this...last week my employer let me go. This week, I got my tax form from her, and turns out it's a 1099 form. Which (from what I understand) means she had hired me as an independant contractor. However, she never told me that...as far as I know, I was an employee. Now I'm finding out differently. My questions are: was I really an independant contractor? And was it legal for her to not be up front with me about that? If I really was an IC, and not an employee, I'm going to be soooo angry. And she is sooo going to hear about it. I'm hoping that I'm wrong....please tell me I'm wrong!!! Lol...anyways, thanks in advance for your help.

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wickednag

Did you receive paychecks from her? Was there withholding held out? 1099's aren't so bad but you do need to be aware of that....

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liljaker

I handle HR for an investment banking firm and first question is, has she taken taxes out all along? Whas you role full time or contract? 1099 is for contractors, which mean you are responsible for your own taxes. But, if that's the case, you should not have had taxes taken out.

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tokipoke

Did you sign a W-9 upon starting? I'm getting tired of "employers" hiring IC's and treating them like employees. They have no idea what an IC means.

She is supposed to be upfront from the beginning on what your status is. The fact that you were an IC this whole time yet she treated you like an employee is not right. Many employers like the IC route because they are lazy and do not want to take taxes out themselves. Confirm that she did not take taxes out. You will have to do this yourself. You will have to fill out form 1040, Schedule C, and Schedule SE (self-employment tax such as social security and medicare). You will pay taxes on a quarterly basis. Talk to a tax advisor to figure exactly the % of taxes you are supposed to pay so that you don't get in trouble with the IRS. The whole "am I an employee or IC?" has caused such a mess for us groomers. BTW - If you are hired as an "independent contractor," the person hiring should really focus on the contractor part and have a written contract of the terms of working there. Many people who hire ICs don't do this and everything is verbal, which also causes a big mess down the road. I know you're part of the groomer forum where the employee vs. IC status can be cleared up for you. I think you will be shocked and more angry after reading more in depth about that topic, and when you look back on how you were treated.

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mom24doggies

Yes, I received pay checks from her, but no stubs. I (stupidly, I admit) assumed she was taking taxes out. Apparently she was not and she wasn't upfront with me about that fact. I wouldn't be so upset if she had been upfront with me and I had been aware of everything. I thought I was an employee though! I emailed her about the whole thing, and of course she is denying that she didn't discuss it. She's trying to make it sound like she was clear. Well, she wasn't. I think I remember her mentioning a 1099 ONCE last week....again, I'm not even sure about that.

Liljaker, apparently she has not been taking out taxes. I was a part-timer.

Yes tokipoke I've been reading about this issue on that forum...and yes, I'm mad as a hornet. And unfortunately there was almost no communication about my status with her. She claims in her email that she was upfront, she was not. Unless she can show me where I signed something saying I understood that I was a contractor, I don't believe her. Oh, no I did NOT sign a W9...actually, I didn't sign anything like that. (Again, stupid of me) I filled out a basic form with my info (address, ssn, etc.) and work history...I don't remember anything else being on there. It certainly wasn't any sort of tax paperwork stuff.


Argh!! I feel like an angry idiot right now. I'm going to be taking this to the IRS, or whoever I need to, in order to clear it all up. Thanks for the help!!

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"Love is the emotion that a woman feels always for a poodle dog and sometimes for a man." ~George Jean Nathan

liljaker

Part-time staff also has taxes taken out, and when you were hired (tokipoke correct) you should have filled out paperwork for state and federal taxes. I can see where the IRS may understand your plight, but beware, just because the employer may have been wrong, it does not affect the amount of taxes you need to pay. A former assistant of mine worked for a real estate broker many years ago and the woman paid her as 1099 and told her that she'd "bonus her" at the end of the year to make up for the taxes that weren't taken out. My assistant was young (22) and didn't know any better and well, is now in a situation where she owes $17,000 in back taxes and interest and penalty, even though the employer was at fault. Just thought I'd mention. Two separate issues actually.

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mom24doggies

I realize that I will still have to pay...I just want her to get found out and stopped.

She claims that she's contacted her lawyer and that he said she's in the right, no one can touch her. I guess she's in for a surprise, unless she can conjure up some sort of tax paperwork or contract with my signature on it. Good luck with that lady!! I've asked her if she has that...we'll see what she says.

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"Love is the emotion that a woman feels always for a poodle dog and sometimes for a man." ~George Jean Nathan