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  • MrsRedSox
    replied
    Kudos, TS. I don't think there is a way to say it better.

    Leave a comment:


  • PrJeff
    replied
    You were paid cash under the table and did not report taxes.

    Your employer paid you cash under the table and did not withhold taxes or provide a W2, 1099, etc...

    You are both wrong in this case. If you report your employer, the only way to prove it is to report yourself.

    Not sure how much help the board can give you because most folks who respond aren't in the business of giving advice on how to break the law.

    Leave a comment:


  • eerelations
    replied
    Originally posted by Norska View Post
    Yeah, that is what I figured, but if she does not want me to turn her in to the IRS then it just may be in her best interest
    If you turn her in to the IRS, you will be in at least as much trouble as she will be. You not filing and paying taxes is actually a bigger crime than her not doing the withholding thing.

    Leave a comment:


  • TSCompliance
    replied
    I love this: someone breaks the law, working under the table and evading federal and state income taxes, and then wants some legal protection for when she loses the job. You are not entitled to Unemployment, nor to severance pay.

    Next thing you know, unemployed car theives and drug dealers laid off for lack of work or underperforming will be applying for UI! Well, this is California, so I would not be surprised.

    Also, this is posted in the "Discrimination" section, and I don't know why. And before you get too excited, "tax evader" is not a protected class.

    Leave a comment:


  • Betty3
    replied
    Originally posted by cbg View Post
    Two wrongs don't make a right.
    Agree. Norska, you didn't pay taxes to the IRS either.

    Leave a comment:


  • cbg
    replied
    Originally posted by Norska View Post
    Yeah, that is what I figured, but if she does not want me to turn her in to the IRS then it just may be in her best interest
    Oh, that's a really cool idea. Go to the dictionary and look up the word, extortion. Or maybe blackmail.

    Two wrongs don't make a right.

    Leave a comment:


  • Betty3
    replied
    Agree. Even though she didn't deduct IC taxes, it was your responsibility
    to pay them on your income.

    Leave a comment:


  • CatBert
    replied
    You are both guilty in this situation. She didn't pay you as an employee and you didn't file IC taxes.

    Both sides could be in a lot of trouble in this situation!

    Leave a comment:


  • Norska
    replied
    ugh

    Yeah, that is what I figured, but if she does not want me to turn her in to the IRS then it just may be in her best interest

    Leave a comment:


  • Pattymd
    replied
    Unless I'm totally off base, if you have primary physical custody, he should be paying child support. Regardless, if you're near to eviction, it IS his problem, because it affects his children.

    Well, you certainly can request severance pay, but unless you had a contract stating she agreed to pay it, she can just ignore your request.
    Last edited by Pattymd; 10-10-2010, 05:35 PM.

    Leave a comment:


  • Norska
    replied
    Im in a mess!

    I share time w/father & neither of us pay support and i do not want to burdon him w/my problems!

    I feel like this lady should have to compensate me for something;no notice to give me a chance to find something else. When any of us girls needed time off for vacation etc., we always gave a 2 week notice!

    Maybe I should send her a bill for 2 weeks of pay!?! What do you think & what should I write in the letter?

    Leave a comment:


  • Pattymd
    replied
    This publication might also be of some assistance.
    http://nelp.3cdn.net/8a621075a47d9cb32e_q9m6baozq.pdf

    Where is the father of your children and why isn't he paying (I'm assuming he isn't paying) child support?

    It was just pointed out to me that you mentioned that you did not live in the lady's home; therefore the reference I made to having to receive a 30-day eviction notice does not apply.
    Last edited by Pattymd; 10-10-2010, 04:54 PM.

    Leave a comment:


  • Pattymd
    replied
    Well, then you each have a BIG problem. She should have been treating you as an employee, withholding taxes and reporting your wages on a W-2 and for unemployment purposes. And you were required to report those payments as income whether you got a W-2 and had taxes withheld or not.

    You can certainly file for unemployment benefits. But you're going to have an uphill battle and it's going to take time to resolve, since she obviously didn't report your wages for unemployment coverage purposes. Do you have a record of what payments you received and when? Did she give you a 1099-MISC at the end of last year showing how much she paid you in 2009?

    Plus, it wouldn't surprise me if the Employment Development Department, which handles payroll tax issues, shares information with the Franchise Tax Board, which handles (among other things) individual income tax. Working "under the table" has its risks and you're seeing them now.
    Last edited by Pattymd; 10-10-2010, 04:55 PM.

    Leave a comment:


  • Norska
    replied
    No, there were no taxes deducted from my pay & she always played a guilt trip as to why she did not do it that way because she said it would cost her $1500 more each month to go to pay roll! I did not claim these earnings either for the same reasons

    Leave a comment:


  • Pattymd
    replied
    Norska, Form 540 is your individual California Income Tax return. Did you file one and claim these earnings as income and pay taxes on them?

    And you didn't answer my question about whether or not taxes were deducted from your pay? Were they or won't they?

    We're trying to help you, but you need to calm down and answer our questions. We wouldn't ask them if they weren't relevant to your issue.
    Last edited by Pattymd; 10-10-2010, 03:33 PM.

    Leave a comment:

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