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1099 Georgia

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  • 1099 Georgia

    Can an employer force a hourly employee to sign paperwork allowing the employer to 1099 them at the end of the year. Can employer then have employee work more than eight hours a day and not pay overtime. I feel as though I have was taken advantage of since signing that form.
    I was told when to show up for work, when to leave and when to take breaks. I was provided all work related materials.
    By definition, I don't feel as though I was any sort of sub-contract labor. The only one who benifited from this arrangement was the employer!

  • #2
    This doesn't sound right. You might want to read this link re IC vs employee. Based
    on what you posted, you sound like an employee.

    http://www.dol.gov/whd/regs/compliance/whdfs13.pdf
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Sounds very fishy to me, especially since you were once classified as employee. unless you work part time for them and take other IC work, it's unlikely you're an IC.
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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      • #4
        1099

        After reading the link, I would say that I am an employee...........what are options? What is the employers liability in this situation?

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        • #5
          Originally posted by handy View Post
          Can an employer force a hourly employee to sign paperwork allowing the employer to 1099 them at the end of the year.
          I am unclear on something. If you did not sign paperwork until year end, were taxes withheld the rest of the year? If so, what happened to the withheld taxes? Refunded to you? Pocketed by the "employer"?

          Originally posted by handy View Post
          After reading the link, I would say that I am an employee...........what are options? What is the employers liability in this situation?
          That depends. It is not like there is some big "one stop shop" to fix this sort of thing.
          - For IRS only, you can file a W-8 form. Or attach an explanation to your 1040 form. Or both. That will force IRS to look at the situation. HOWEVER, you personally are still on the hook for your federal income tax liability. If no withholding occurred by the "employer", you are still liable for FIT. The FICA liability is more complicated. The "employer" is trying to make you 100% responsible for both sides of the FICA. Again you are claiming to be an employee, but IRS does not have to agree with you. No really clear answers.
          - For federal and state DOL only, if you worked overtime (or minimum wage) and were not paid OT or MW, then you would file a wage claim. Normally with state DOL, but GA DOL is a bad joke, so more likely federal DOL.
          - If at some point you become unemployed (not uncommon with a bent "employer"), you will file UI and the state will have (maybe) never heard of you. So yet one more government agency to straighten things out with.
          - Plus assuming GA has state income tax, that is one more group of people that you need to do a dance similar to the IRS with.

          Your "employer" is a bad employer. You can spend the rest of your life trying to clear this mess up, but it will not make your "employer" into a good employer. Time to dust of the old resume and start looking. DO NOT QUIT!!!, but start looking while still working. And you still have to address all the points mentioned above, for both 2010, and 2011, plus each additional year you keep working for this "employer".
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks to all who replied....I understand that I work for a "bad employer". I wonder how widespread this practice is. The employer aviods paying many different aspects of obligations as a so called "employer"......bad, wrong, etc.
            It is sad that the DOL, both state and federal, lack the ability to look at the construction trade with regards to this practice. It is no wonder that a huge percentage of the construction labor, across the country, is done by undocumented, cash paid, non-tax paying "sub-contractors".
            Thnks again, Looking for a new "employer"

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            • #7
              Actually, the construction industry is one that the federal DOL, at least, has been targeting, to my understanding.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Keep track of all of your hours worked. Then when you find something better, file a wage claim with an explanation, include any agreements, handbooks, policies, etc. Include every requirement/restriction put on you by the employer, and tailor your argument to what you read in the link above.
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                Comment

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