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Never Worked for This Company but Got a 1099 from the Company

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  • 01-19-2012, 06:54 PM
    SherriWilliams
    Never Worked for This Company but Got a 1099 from the Company
    My question involves employment and labor law for the state of: Arizona

    I was hired by a friend to help clean the house of a friend of hers. I was paid directly from the person who owned the house. The payments were scattered over the course of the three months and a week that I worked there, and he did not pay the full amount he owed me.
    He sent a 1099 to me stating that I worked for his company and was paid on the payroll of this company. I never worked for this company, nor was I paid by a company check.

    The only documented payment I received was from PayPal directly from the owner of the home as an individual, and was only for 1/8 of the total hours I worked. The other forms of payment were by cash and there was no paper work or receipt for these payments.

    I worked a total of 265 hours about 4 hours a day in the three plus month that I was there, @ a rate of $15.00 an hour, Totaling $3,975.00, but he only paid me a total of $1,170.00 and still owes me $2,805.00. In addition to this amount, I had to hire another person to help me clean his home because it was a five bedroom home, and the owner of the home was continually messing up the house. I paid this person out of my pocket. Not only did I pay her, I paid for groceries and dog food for the owner of the home out of my pocket with the promise that he would pay me back when I got to his house with the groceries. The total paid out for the extra help and the groceries, not to mention the gas I used in my own car to drive him to appointments, is $315.00 he paid me $40.00 of this. The total amount he was supposed to pay me is $4,290.00 He only paid me $1,210.00 leaving a balance of $3,080.00

    Now, on the 1099 he stated that he paid me via his company and I was an administrative assistant. It also States that he paid me at a rate of $20.00 per hour for a period of 6 months. The dates on, the to and from section, had me working from March till August of 2011, 25 weeks 40 per week @ $20.00 totaling $20,000.00. But I only worked from March 30th to July 13th 2011. A total of 14 weeks give or take.

    When I first started working for him, he received a package with his new business name and incorporation in it. His business partner and he had just started a new business. During the three plus months I was there, all he did was get drunk on Gallons of Vodka and sleep. He never did any work that I saw while I was there. His business partner called me on my personal cell phone about every two weeks to find out why he wasn’t working. I told him I don’t know I only clean the house, but I would relay the message.

    But here is another wrench in the gears, now he is suing me for ruining his company saying that, while I was working for his company, he lost $300,000 in revenue due to my working for the company.

    How can I prove that I didn’t work for his company, and only worked for him as an individual, and he only paid me $1,170.00? The only documentation I have is my invoice I sent him via snail mail, (which he could say he never got), an E-mail dated July 24th 2011 stating what he paid and owes me, a PayPal payment of $500.00, and a reply e-mail saying that he was told he didn’t have to pay me, and I sent him a letter stating he didn’t have to pay me.

    I never sent a letter stating this, and if I did, then why is he saying he paid me all this money.

    Could this be considered fraud because he falsely submitted a W-9 without my signature, and stated the wages wrong, and said I worked for a company I never worked for?

    My signature is very hard to duplicate, so the only way he could get my signature is off another document and paste it onto another one.
    Thanks for your replies.
  • 01-19-2012, 07:20 PM
    Disagreeable
    Re: Never Worked for This Company but Got a 1099 from the Company
    Cover your own butt and let the IRS straighten it out. You did work for the man. You were self employed. You need to declare 1099 income. He did you a favor in a way. Forget the extra help as if it never happened. Keep receipts for the groceries you failed to be paid back for. File your taxes, using the correct amount you received, $1170. The IRS will audit, when the amounts disagree. Be prepared to document what you received. They will then require him to prove payment of the amount he claimed. He will likely be in a lot of trouble with the IRS as it appears to be a small part of a bigger tax fraud.
  • 01-20-2012, 05:44 AM
    eerelations
    Re: Never Worked for This Company but Got a 1099 from the Company
    Before you deal with anything else, you need to deal with the lawsuit.

    Is he actually suing you, as in has his lawyer or a court sent you a court date? Or has he just casually told you he's planning to sue you? Or what?
  • 01-20-2012, 06:36 AM
    flyingron
    Re: Never Worked for This Company but Got a 1099 from the Company
    He's laying a very odd case against himself. First, I see nothing wrong with him filing a 1099 (either personally or from his company) for all the gross amounts paid to you.
    However, the last thing I would do was to put down information that would lend the IRS to believe you were an employee rather than an independent contractor. That opens him self up to all sorts of tax liabilities on his end.

    So the two operative questions:

    Did they 1099 you for more than the gross amounts distributed to you (that includes money for any supplies you bought ,etc...)?
    Did they actually file a lawsuit in court on the civil matter?
  • 01-20-2012, 12:42 PM
    SherriWilliams
    Re: Never Worked for This Company but Got a 1099 from the Company
    This person stated that he paid me the 20,000.00 for the hours he said I worked, but I never received anything other than the $1,170.00 for work, and $40.00 for expenses I paid out.
    Just for the record, and so this makes a little more sense, he is a convicted Felon and on probation, he lost his money and is not only trying to sue me for the same thing, but 4 others who have worked for in in the same manner I did. I found this out recently, and we all had to get injunctions against Harassment on him and Restraining orders because some of the girls were live in cleaning maids and assistance. He has already falsely accused others, and because of manipulation of the system a few have been wrongly convicted. I have researched this man and have discovered these girl through my research. I am putting together a case, and have informed the FBI, Michelle Obama, and the news media.
    All of us are in fear for our lives and the others in our lives.
    As far as the suing me, he just made statements in open court during the harassment hearing that he was suing me for $300,000.00 and had a letter from his business partner stating that I ruined his company. The only time I spok to his business partner is when he called my personal cell phone and asked me why this man was not doing his job. he also asked me if he was drinking again, and I told him I am just the cleaning lady and I can't answer that. (Although he drank a Gallon of Vodka everyday, it wasn't my place to say that. but his business partner came over a saw it)

    He and his mother and his business partner have shady backgrounds, and we are gathering evidence to this fact.
  • 01-20-2012, 02:45 PM
    flyingron
    Re: Never Worked for This Company but Got a 1099 from the Company
    If you can not answer the simplest of questions without going into hysterical rants we can not help you. Get a lawyer.
  • 01-20-2012, 03:19 PM
    Disagreeable
    Re: Never Worked for This Company but Got a 1099 from the Company
    Quote:

    I am putting together a case
    A case for what? Others have been convicted of what?
    Quote:

    If you do not receive the missing or corrected form by February 14th from your employer/payer, you may call the IRS at 800–829–1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form.
    http://www.irs.gov/pub/irs-pdf/f4852.pdf
  • 01-21-2012, 06:27 AM
    eerelations
    Re: Never Worked for This Company but Got a 1099 from the Company
    If your evidence that he's suing you is his announcing it in court, then he is not suing you and you can effectively ignore this statement of his. He would only be suing you if you'd been served with court papers.

    Informing the FBI, the news media and Michelle Obama was probably a waste of time. Your best move at this point would be to retain the services of an attorney.

    Finally, what does the EEOC say about all this?
  • 01-22-2012, 11:39 PM
    SherriWilliams
    Re: Never Worked for This Company but Got a 1099 from the Company
    Seeing as I just got this Statement (1099) on the date I posted this, I was researching the internet to see if anyone had every had this done to them. I wanted to know what I was up against, and what evidence I needed to present to the EEOC.
    Sorry about the ranting in the last reply, but this is just the tip of the ice burg with him.

    I really appreciate all the help and Advice I can get.
    Thanks
  • 01-23-2012, 04:35 AM
    flyingron
    Re: Never Worked for This Company but Got a 1099 from the Company
    If you can't answer the questions put to you, we can't help you.
  • 01-23-2012, 06:53 AM
    eerelations
    Re: Never Worked for This Company but Got a 1099 from the Company
    So he's not actually suing you, he just said he was in your harassment court case? And how can you possibly have a harassment court case if you haven't even been to the EEOC yet?

    This is a troll story, I think.
  • 01-23-2012, 08:38 AM
    Disagreeable
    Re: Never Worked for This Company but Got a 1099 from the Company
    As an independent cleaning contractor, what possible EEOC rights do you think you could have?
  • 01-23-2012, 09:21 AM
    Mr. Knowitall
    Re: Never Worked for This Company but Got a 1099 from the Company
    If you receive an incorrect 1099, the first thing you do is contact the issuer and challenge the figures. You should do so in writing. You can send an initial letter by first class mail and a follow-up by certified mail if you don't get a response, or you can send both a certified and first class copy at the same time. You may want to ask for a "proof of mailing" for your first class letter at the counter of the post office. That way, you can show that you mailed something to the issuer, whether or not he signs for the certified copy, should the issuer not correct the problem.

    After February 14, you can contact the IRS to try to get assistance. Given the amounts involved, if the issue is not resolved by the time you file your taxes you may want to use a professional tax preparer for this year's returns.
  • 01-23-2012, 09:28 AM
    flyingron
    Re: Never Worked for This Company but Got a 1099 from the Company
    He hasn't been able to answer the question as to amounts on the 1099.
    He hasn't been able to answer the question as to what legal action (actual not threatened) has occured.

    He just wants to stand here and rant.
    We can not help.
  • 01-23-2012, 10:39 AM
    eerelations
    Re: Never Worked for This Company but Got a 1099 from the Company
    Er, I think "he" is a "she" - but then if "she" is a troll, who knows? I've just read through all of OP's posts and they are pretty unbelievable...and if what she says is true that this is just the tip of the iceburg [sic] then I think she's gotta be a troll.
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