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  1. #1
    Join Date
    Jan 2010
    Posts
    4

    Default Employee or Contractor

    My question involves independent contractors in the state of: Nevada
    I worked for a company here in NV for 9 years as an employee. In Dec of 2008 we were told that the company is going to shut down as of Jan 1 2009. As the end of December approached the owner came to the three of us and said the she needs us to work the month of January to take care of the back log of equipment that we need to build and ship. Payment would be made from there other company that owned the building that we worked in and we would be paid weekly. Also stated we could report this income or not that she was not going to report the payments. Well as time went on January passed and the payment started to very from every week to every two weeks to three weeks. The checks we received had no taxes taken out of them also at the bottom of the checks were reference numbers and the title Bill.
    I finally left the company for lack of payment and went to the labor board and filed to get my 3 weeks pay that was owed to me. I received my money at the prehearing but they stated that I am a contractor and if I pursue the fact that I am an employee they would sue me for all of the pentalies and taxes. Can they do this?
    What should I do on my income taxes? Do I need to talk to a lawyer?
    From January 09 to June 09 I reported to work at the same time every day as I did for the past 9 years, I used the companies tools, and followed the direction from both owners as to what to work on and when.
    HELP
    My question is am I a contractor or employee? I received a 1099 from them

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employee or Contractor

    who threatened to sue you?

    if I pursue the fact that I am an employee they would sue me for all of the pentalies and taxes

  3. #3
    Join Date
    Jan 2010
    Posts
    4

    Default Re: Employee or Contractor

    My exemployer. It was a husband/wife business.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Employee or Contractor

    not sure what they figured that would do. If you were an IC, you should have been paying taxes etc. If you were an employer, you AND they should have been paying taxes etc.

    You simply file the proper forms and pay any taxes AND penalties due.

    they are in trouble as they were required by law to with hold certain taxes and were required to pay them and their share of any taxes of fees. Their failure to do so means they get into trouble, not you. They have no action against you. I believe they are simply trying to scare you into not continuing this action as they will get into trouble over it.

    if you believe you were an employee you file a IRS form SS8 along with your tax filings so your income will be treated, at least until the IRS investigates the situation, as an employee and not an IC. If an IC, there would be much more owed by you.


    I believe it is merely a scare tactic. They would have no action against you for anything from what you have posted.

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