Help with Unemployment and 1099 job New York

[earthlingnyc]

Hi,
I wanted to know, if the dept. of labor can track earnings you recieve under a 1099? I get a check biweekly, with no taxes taken out. It is titled "disbursement account" and doesn't show my SS# on the check. However; when I was hired, I did fill out a 1099 form.

The reason I'm asking is that, I've been claiming partial benefit for the last month (I've been saying that I work 1 day out of the week), and so I've been recieving $303.75. This past week though, I claimed I didn't work at all, and I recieved $405. A couple of days later, i recieved a letter asking me for the information of my "employer", so that they could verify the days and earnings with them. I mentioned this to the woman who hired me, and she said she has no bearing on the hours or days I worked (which is true since I work out on the street basically).

[Pattymd]

YOU don't fill out a 1099 Form. If you were legitimately classified as an independent contractor, you don't complete ANY tax forms.

Having said that, as an independent contractor, how does the company know how much to pay you? Do you submit an invoice? If the company won't give you a letter, then you provide the company's name and address and phone number and the person they need to talk to, and tell them what you told us.

And not that it makes any difference to my answer, but if this is in New York, why is it posted in the New Mexico forum?

[earthlingnyc]

Sorry for the screw up, this was obviously meant for new york.

You're right, I remember I filled out a W-9 at the time of hire, not a 1099. I also filled out an independent contractor agreement, in which they said they'd pay if I did certain things every week (submitting paperwork, and generating a certain amount of leads). At the end of the year, they will send me a 1099 form, stating how much commission i generated from those leads.

The reason I'm worried is because of this recent letter from the dept. of labor. They want the contact info of the employer, along with days and such that i worked. Like I said previously, my boss said she has no control over the hours/days I work, and obviously can't monitor them. However; in the independent contractor agreement, it states I must send in the leads twice a week. During a past week, I filed for full benefits ($405), and I didn't do any work that week.

So basically, I want to avoid getting in trouble. ANy help would be greatly appreciated.

[Pattymd]

Honestly, I don't think you'll get into trouble, but my opinion and $2 will get you a cup of coffee. If you don't report your hours, you don't report your hours. I'm not sure what else to tell you. Maybe one of our responders that has more experience in this area will come by soon.