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employer has no w-2's
- Thread Starter 1heather
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Patricia_Young
New Member
No, that was almost certainly not legal. Did you get a 1099-MISC form? Or did this all occur in 2009?
Patricia_Young
New Member
Then you don't know yet whether or not the company will issue you a 1099-MISC.
In the meantime, you should put together your hours the best you can, on a week by week basis. Then, by week, multiply that by the minimum wage and compare it to the pay you got for the week, including any tips. If you didn't get at least minimum wage, you have a violation of law for which you could either sue civilly or file a wage complaint with the federal Dept of Labor. If you worked over 40 hours in a workweek, you also needed to have been paid overtime.
You can report this company to the federal Dept. of Labor, the state Agency for Workforce Development (unemployment) and the IRS.
You also probably need to see a tax preparer. You are going to need to file a tax return with your earnings (including tips) no matter what documents the company does or doesn't give you at year-end. You will probably have to make estimated tax payments because there was no withholding. You will also have to pay self-employment taxes (both portions of FICA/Medicare taxes).
Why do you no longer work there?
In the meantime, you should put together your hours the best you can, on a week by week basis. Then, by week, multiply that by the minimum wage and compare it to the pay you got for the week, including any tips. If you didn't get at least minimum wage, you have a violation of law for which you could either sue civilly or file a wage complaint with the federal Dept of Labor. If you worked over 40 hours in a workweek, you also needed to have been paid overtime.
You can report this company to the federal Dept. of Labor, the state Agency for Workforce Development (unemployment) and the IRS.
You also probably need to see a tax preparer. You are going to need to file a tax return with your earnings (including tips) no matter what documents the company does or doesn't give you at year-end. You will probably have to make estimated tax payments because there was no withholding. You will also have to pay self-employment taxes (both portions of FICA/Medicare taxes).
Why do you no longer work there?
I worked there for over 9 months and one day i wrote down the wrong time for one of the days i was supposed to work and she just took me off the schedule. she never even had the guts to call me or tell me personally that I was fired. She just had another bartender tell me that I wasn't on the schedule.
jharris352
New Member
Did she deduct taxes from your paycheck? If so I'll bet she didn't deposit them with the government. I've seen that song and dance a couple times and it never ends well for the employer.
Patricia_Young
New Member
jharris has a good point. I just assumed that she was paying you under the table. Which, of course, if you were told you would make $4.00 plus tips, and you received $4.00 per hour in cash every week or every two weeks, that would have been a logical assumption to make.
OP, what were you TOLD your rate of pay would be?
OP, what were you TOLD your rate of pay would be?
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