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No 1099, no w2, Illegal operation.

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  • No 1099, no w2, Illegal operation.

    I have a complex situation, i wanted some advice on before hiring a lawyer. I work in DC by so and so inc,. I am paid for my billable hours. All my work is done in the office located in DC or out in the field when sent out by the employer to do work. I am not paid on any given day. My employer generally pays me whenever he or she feels like it. Usually a month at a time, and usually a month after which the work was completed, but not on any type of specified schedule am i paid. I don't know when i will be paid until i actually get paid. My employer does not deduct any taxes or give me any pay stubs. I am given a company check, basically paid as a contract employee, although i am referred to as a consultant. (does that matter?). I recently came to realize it's time to get out and get back "on the books." It's now Mid Feb, I have no 1099 from my employer, not do i have any reason to believe i am getting one. The situation is getting worse because i am trying to cut my ties, but i have not been paid for any work performed in 2006. I estimate my employer owes me roughly about $7,000 and counting.....My concernes i need advice on here are: 1. What do i do about not recieving a form 1099? and is there a way i can report where i earned these wages? 2. How do i know once i give my resignation that i will be paid for all my work performed? What governs this for contract employees? I been on the DOL web site and had a very hard time finding info. and 3. I believe my employer is operating Illegally, not paying taxes, not reporting employees wages earned, etc.... Is there a way i could report this so i am not in trouble later down the road? and should i be reporting this?

  • #2

    Since you are in the "United States" (District of Columbia), you do indeed have a taxable liability. The Form you should fill out is a 4852 form. This is a substitute wage form. It is the form that you declare how much earnings you have made from trade or business within the United States.

    As for the non-payment of monies missing from your pay... I would suggest contacting the IRS and the Department of Labor, and informing them of the situatution. Because DC is within their jurisdiction (the 50 states being without their jurisdiction without a specific delegated order of authority or on federal land under the "Buck Act of 1940"), they can do what is called a "wage audit". Not only can you get paid, if you can prove you did the work, but should they not be paying "income" taxes for work done in DC you could get a percentage of amount owed for reporting them to the proper authorities.

    Should you start working out of the DC area, I would suggest you read "The GREAT IRS HOAX" found at


    • #3
      It's unclear if you are an independent contractor or an employee. If you are an independent contractor, you'll need to sue the company to get your unpaid fees. If you are an employee, you should contact the DC Department of Employment Services Office of Wage-Hour with regard to unpaid wages.

      This is not a federal case.
      I am not able to respond to private messages. Thanks!


      • #4
        look up
        This will tell you 20 ways you know if you are a contractor or if you should be paid as there Employ. You should be Employed by them I believe. You might be able to get them to pay some of your taxes if you turn them. They will get fined for trying to rip you like that.


        • #5
          uh, since the company treats you as a contractor, send a bill for services.
          "What would a reasonable person do?"

          A.S. Paralegal
          Criminal Justice Student--B.S.

          "Give this guy 15 cents and tell him to go to hell."


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