My question involves labor and employment law for the state of: South Carolina
Sorry in advance for how confusing this situation might be. I've tried finding an answer through Google, but haven't had any luck.
So, my husband's employer is a real piece of work. When he was hired he was told that he would be 1099 (though by the definition of an Independant Contractor, he is not one, but that is a separate issue) but was never given a W-9 to fill out. His employer's wife, who manages the company's payroll, showed up at a job one day and asked for my husband's social security number, but he never filled out or signed any tax forms when he was hired. Is the W-9 required to generate a 1099 at the end of the year, or is it just helpful for the employer to have the information it provides when it comes time to do the tax paperwork? Is it possible to get a copy of any W-9 that was sent to the IRS to see if one was forged with my husband's information?
Also, last week's paycheck was processed as a regular, tax-withholding employee's paycheck. My husband most definitely has never filled out a W-4 for these people. His employer says their new payroll provider made a mistake (which I find highly unlikely). Are they required to return the withheld taxes to us since they do not have a signed W-4 for my husband?