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Dept of Labor Winner in New Hampshire

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  • Dept of Labor Winner in New Hampshire

    I worked for a company in which I was fully expecting to be a subcontractor and 1099. Three months into the job, I was not treated as a sub, but a full fledged employee. When to work, how to work.. etc. They agreed to pay weekly, then decided to pay monthly, then not at all. (All in 3 months).

    In the end they owed me $3315.50. I filed a claim with the NH Dept of Labor and won on all counts, they owe me money and I was indeed an employee. I have filed a second claim now for damages and the employer was given 10 days to respond and didnt.

    Great, you think I won! Yeah me... except the employer still refuses to pay it, now what??

    Also, taxes are here, I dont expect to get a W2 from the employer... So what do I do.

  • #2
    What does the DOL suggest you do? In most states you should be able to go to civil court and get a judgment, then try to find someone to serve it for you.

    If you don't have your W-2 by Feb. 15th, you can contact the IRS.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      they told me that I will be able to file it as a judgment/lien in my county and attached the assets of the employer. this is a small mom and pop company, not a major corporation.

      Keep in mind, this has been going on Since AUG. and Im still not paid.

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      • #4
        Regarding the missing W-2.
        http://www.irs.gov/taxtopics/tc154.html

        Regarding collections, you have the "judgment", which is the hard part. This is not you saying you are owed money. The government has already decided that money is owed. A lot of "creditors" skip that step and try to go directly to collections. If/when that happens, it is just someone else asking for money with no means of enforcement. Until the judgment is obtained, asking for money does not make it legally owed.

        Worst case is you give the judgment to a collector who gets to keep part of the money. Or pay someone a fee to do the collection for you.

        A very famous collections involved a customer of a Very Large Bank who ignored a judgment. The customer had a very famous piece of 19th century transportation equipment seized by the actual county Sheriff (not a deputy) who also managed to bring along local and national television (election year for the Sheriff). The Very Large Bank managed to get a cashiers check to the Sheriff very quickly.

        The Mom and Pop business owns assets. Have someone who knows what they are doing seize assets and sell them off.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Would the DOL ruling that I am an employee extend to the IRS also? I did file the SS8, but havent gotten the results yet.
          If so, would I fill out the actual tax forms as if I did get a W2 and file the IRS form along with it?
          I usually Efile, can I mail the form seperatly from my efiled taxes?

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          • #6
            There are different definitions for wage and hour than there are for the IRS, but it's more than likely one would imply the other.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Extend how? I am not seeing any IRS interest in the ruling. If you are missing the W2, IRS has rules on what to do. If you are talking about collections, IRS does not care if you ever get the money. IRS however does want a piece of any actual money that you receive. And technically if the employer never paid you, then they would not report the non-payment on the W2. W2s are for reporting payments actually or constructively received in the year that occurred.

              Regarding eFile, no idea. Ask IRS on that one. You have a potentially missing W-2, although that is not legally true until February 15th. At which point your follow the IRS rules on missing W-2s, including presumably a form 4782.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                There is money that has been paid, that the employer full expects to be on a1099. That I believe with the DOL ruling, should be on a W2, which is why i filed the SS8.

                The money that she owes me, of course wouldnt be included now until next year.

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                • #9
                  Money actually paid in 2009 is reported in 2009. Money actually paid in 2010 is reported in 2010. Money not actually paid is not reported.

                  IRS does not care about the DOL judgement. IRS cares about payments actually made, whether or not there is a judgement. You are expecting a W-2, hopefully for payments actually made in 2009. If a 1099 is issued and you feel that you should have gotten a W-2, then you need to go to the website I previously cited and follow those instructions. Foir the sake of discussion, lets say that there was no DOL judgement. Nothing changes as far as IRS was concerned because IRS never cared about the DOL judgement in the first place. If wages actually paid are being misreported on a 1099, IRS would care about that, but not because DOL issued a judgement.

                  One other thing. I am assuming that we are talking about pay based on actual hours worked. If you get an actual settlement with damages or court costs or other things, then the answer get a lot more complicated, both for the employer and for you.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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