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need help please!!!!fired

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  • need help please!!!!fired

    I worked for a vet, as a groomer for a few years,I was recieving commission 60% on every dog. I was not paid by the hour at any time,no benefits,health ,or other.I understood that.Never before,at any job, was I told to take out the taxes,and add up my grooms for a paycheck,I told him I did not know how,and he said just total up the weeks dogs take out 60% for my pay and then times17% for taxes,put it on paper then on fridays someone will cut a check.OK I did,but still protested,cause he had an accountant or someone who could,everyone elses were. One day I asked him if "one", could go tax exempt for a couple of weeks,as I heard "one" could, I guess. Come tax time I recieved a 1099, I did not know what this was,plus a w-2. I asked him he said you were going tax exempt. I said noooo, I was just asking,and to change it imediatley,I wouldt know how too. A friend ,cause I was so upset,asked if I filled out any tax exempt form and I said NOOOOO.I didnt. Then he told me to start comming in on slow days and days off, when for two years, I finished grooming and left. I asked him to pay me hourly and I would stay 60 hrs a week, He ignored me. There is so much more that I need to ask, not just this, because he let me go last month,may I post again? pleaseWhat should I do??Can I collect for the times I did get taxes out

  • #2
    It is extremely rare for a worker to be paid both by W-2 and 1099. It's not always "wrong", just rare. It's typically one or the other. 1099 implies that you are an independent contractor. Certain rule applies to be correctly classed as such. Please visit this link for more details: http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm.

    You mention that you heard you could go "exempt" for a short period of time. I, often, here this from my employees. And this notion is completely incorrect. I am not sure where people are getting this information from. When you complete your personal tax return each year, all taxable wages are considered with respect to computing applicable taxes due. Even those wages for the period that you would have claimed "exempt".

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    • #3
      One other thing, you did not mention which state that the job site was located in. At the time of separation were you being paid as an employee (W-2) or independent contractor (1099)? If you were still listed as an independent contractor, you may have problems claiming unemployment. I'd check with your state's unemployment commission for additional information.

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