Finding a good lawyer?

[footfootfoot]

Originally Posted by morethanpretty

Pico, he has another job now. The only issue still is that they might not be able to employ him for another 10days or so. The manager of the shop is going to try to expedite that because he's actually worked for them before and only left because his current employer made big promises. His current employer is now trying to say he has only been a contractor for them, not a real employee which is bullshit. The oral agreement was employee and boyfriend has been required to work certain hours. Thats not how contractors work, they don't work for you for specific hours, they show up when there is a job, do it, get paid, and leave.

BF's employer is going to be in deep shit if he hasn't been paying tax on BF's wages. Very, very deep shit. The IRS and state tax authority will crawl up boss's hinder with a microscope and make him prove beyond a shadow of a doubt that BF is a subcontractor. look up the IRS definition or your state's definition of subcontractor. If BF doesn't satisfy the definition then boss is well and truly fucked. I know a number of businesses here in New York that have had no end of problems due to this.

[morethanpretty]

Originally Posted by footfootfoot

BF's employer is going to be in deep shit if he hasn't been paying tax on BF's wages. Very, very deep shit. The IRS and state tax authority will crawl up boss's hinder with a microscope and make him prove beyond a shadow of a doubt that BF is a subcontractor. look up the IRS definition or your state's definition of subcontractor. If BF doesn't satisfy the definition then boss is well and truly fucked. I know a number of businesses here in New York that have had no end of problems due to this.

Ooooh! That is good to know. Can we tip off the IRS on this? The guy hasn't been taking taxes out of Boyfriend's paycheck, so I don't if he's been paying taxes on the wages. Which would be really hilarious because the co-owner is a CPA who works with taxes. This whole thing has just become ridiculous, Boyfriend is going to quit today probably and hopefully his new job will come in by mid week next week. He'll make good money there to make up for it (we know because he's worked there before), and I'm not upset about him quitting early, he already has a new job just can't start right away.

[glatt]

Originally Posted by morethanpretty

The guy hasn't been taking taxes out of Boyfriend's paycheck, so I don't if he's been paying taxes on the wages

Wait. If he's not having taxes taken out, then maybe he is a contract employee instead of an hourly employee. In which case, a whole different set of rules apply. Calling the IRS etc. will get them to scrutinize your boyfriend too. Has he been paying his taxes? (Don't answer that.) You might want to skip the IRS angle. This is getting messy.

[morethanpretty]

Originally Posted by glatt

Wait. If he's not having taxes taken out, then maybe he is a contract employee instead of an hourly employee. In which case, a whole different set of rules apply. Calling the IRS etc. will get them to scrutinize your boyfriend too. Has he been paying his taxes? (Don't answer that.) You might want to skip the IRS angle. This is getting messy.

Well he was required to be there certain hours, but only got paid flag hours which is the way almost all shops pay. He usually gets a W-2, but this guy didn't take taxes out and gave him a 1099. The verbal agreement was he would be an employee with benefits. The benefits never happened, and he tried to get the employer to take taxes out, ect all last year. It was never agreed that he would be a contractor. If he were a contractor, why would he be required to work certain hours if he's getting paid by the job?

[glatt]

If he got a 1099, then the paperwork is saying he's an independent contractor. That could be a big problem if no taxes have been withheld. There could be a huge tax liability owed by your boyfriend. Independent contractors have to pay all the various taxes and social security, etc.

Did he fill out a W4 when he started working? Was there any paperwork involved when he started his job? The IRS will not be too happy with the boss if your BF filled out a W4 when he started, and no withholdings were made. But if that paperwork wasn't filled out, then the IRS will be looking at your boyfriend to come up with the taxes.

This is messy.

[morethanpretty]

Originally Posted by glatt

If he got a 1099, then the paperwork is saying he's an independent contractor. That could be a big problem if no taxes have been withheld. There could be a huge tax liability owed by your boyfriend. Independent contractors have to pay all the various taxes and social security, etc.

Did he fill out a W4 when he started working? Was there any paperwork involved when he started his job? The IRS will not be too happy with the boss if your BF filled out a W4 when he started, and no withholdings were made. But if that paperwork wasn't filled out, then the IRS will be looking at your boyfriend to come up with the taxes.

This is messy.

Dern. Boyfriend plans on paying his taxes correctly, that is why he is going to go to a pro to do them. Boss never got the paperwork for Boyfriend to fill out, just kept blowing it off.

[monster]

Originally Posted by morethanpretty

Dern. Boyfriend plans on paying his taxes correctly, that is why he is going to go to a pro to do them. Boss never got the paperwork for Boyfriend to fill out, just kept blowing it off.

If the boss issued a 1099, seems like he never intended on doing it any other way and/or he's covering his ass. The road to hell is paved with good intentions, but the IRS doesn't need roads and is rarely interested in intent. tread carefully. How was your boyfriend paid?