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  1. #1
    Join Date
    Mar 2009
    Location
    Mass.
    Posts
    2

    Default Withholding Taxes Not Withheld by Employer

    I am a registered Dental Hygienist in the state of Mass. My employer just handed me a 1099 form and not a W-2 form. I have worked for him for one year. When I questioned why I was receiving a 1099 and not a W-2 form, He replied that I did not work enough hours to Qualify for a W-2 form. I worked an average of 12 to 17 hours per week for one year. I work in another Dental practice one day a week, (8 hours) and receive a W-2 form. I pointed this out to 1099 employer and he fired me, right there on the spot. What are my rights?
    Do I have any recourse? I have never been fired from any job and have been employed in some form for 35 years.

    Massachussets Registered Dental Hygienist

  2. #2
    Join Date
    Oct 2006
    Posts
    16,091

    Default Re: Withholding Taxes Not Withheld by Employer

    Quote Quoting MassRDH
    View Post
    I am a registered Dental Hygienist in the state of Mass. My employer just handed me a 1099 form and not a W-2 form. I have worked for him for one year. When I questioned why I was receiving a 1099 and not a W-2 form, He replied that I did not work enough hours to Qualify for a W-2 form. I worked an average of 12 to 17 hours per week for one year. I work in another Dental practice one day a week, (8 hours) and receive a W-2 form. I pointed this out to 1099 employer and he fired me, right there on the spot. What are my rights?
    Do I have any recourse? I have never been fired from any job and have been employed in some form for 35 years.

    Massachussets Registered Dental Hygienist
    You should have known that you were not going to get a W2 because obviously nothing was being withheld from your pay.

    Nevertheless his explanation that you did not work enough hours to qualify for a W2 was completely bogus. The law doesn't work that way.

    You can file a SS8 with the IRS and a form 8919 with your tax return so that you are not held responsible for the employer's share of social security and medicare taxes...and so that the IRS will investigate him and make him change his ways.

    Other than that, there isn't anything else that you can do.

  3. #3
    Join Date
    Mar 2009
    Location
    Mass.
    Posts
    2

    Default Re: Withholding Taxes Not Withheld by Employer

    In my profession, it is not uncommon to be handed a hand-written check by the employer. On payday, my boss would write a check out, right there. My hours varied from week to week, and the amount seemed comparable to the other check that I receive fro my other employer. (who withholds taxes) There was never any formal deductions on the check. Once again, not uncommon in this profession. I have been doing this for 17 years and have never had any cause to believe that the employer wasn't withholding.

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