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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Question Unemployment Affidavit

    My unemployment insurance application is currently under investigation. The EDD office was having a difficult time verifying my last employer, even though I had submitted paystubs and timesheets. However, I did not have a W-2 or 1099. The EDD office then submitted my application to the Tax department for further investigation. I received a call from the Tax department asking me a bunch of questions about my previous employer, and he now wants me to submit an affidavit. I’m not sure what I should do. How will submitting an affidavit affect me? How will it affect my previous employer? I know for a fact she has employees that she pays under the table.

    Just to clarify, she did not make it clear whether or not she was going to pay me under the table. In fact, she has never even mentioned it. I would constantly ask her other employee how she filed for taxes and she said she didn’t before she was put on payroll.

    Please any comment is appreciated, especially if you are a lawyer or have had similar experiences. Thank you.

  2. #2
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Unemployment Affidavit

    I've helped a couple of people deal with similar situations. If you have paystubs, they should show gross pay and deductions. If your employer was withholding income taxes, social security, etc and not submitting to the government, she is in serious trouble. If she was not paying employment taxes, including unemployment insurance, she is also in trouble. I'm assuming California, because EDD is the acronym for the office here, but other states may use the same term in which case some minor details may be different.

    If this situation goes back before the beginning of the year and you have filed your income taxes not reporting income that she has paid you, ammended returns will be needed and likely additional taxes due. When you don't have a W-2, you can do a substitute W-2 (Form 4852) in which you estimate what you think a W-2 would have shown. That way, you are in the clear for reporting the income and paying your taxes. Of course, it helps the IRS and the Franchise Tax Board document a case against your former employer.

    I would recommend submitting the affidavit requested to make sure that you get everything straightened out and are able to collect your rightly earned unemployment compensation. Your former boss is going to be in trouble -- but since they are asking you for an affidavit, they are already building the case against her (probably because of your enemployment application).

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