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  1. #1

    Default Unemployment, Tax Forms and a General Mess

    My question involves unemployment benefits for the state of: MI

    I was terminated (for lack of a better word) in Dec. 2009, due to the fact that the business that I worked for effectively went out of business. I filed for UE shortly thereafter.

    I have followed all the rules and requirements of UE, and was turned over to an auditor because my boss had never filed any paperwork to the state. I was paid a straight salary, with no taxes taken out because 'we don't currently have an accountant, but the situation will be taken care of before the end of the year'. Ok, this sounded reasonable to me. While he refused to cooperate with the auditor on a timely basis, I have just found out that a response was filed with UE, which I'm going to assume states that I was an IC that is not entitled to UE (based on getting an email to this effect from my former bosses partner).

    Here's the facts:

    Yes, I worked from my home, doing office work for the company. I had set hours, did as directed, when directed. I was paid on a weekly basis. I was responsible for reports to the boss, customer care, dispatching and scheduling for technicians, invoicing, collection calls, and required to be 'on call' all off hours (I was the only office girl). All materials and equipment were supplied by the employer, with the exception of my computer. All decisions were made by the boss (I overstepped one time due to the fact that I couldn't get hold of the boss, and was verbally reprimanded for same). I had no financial investment nor control, and worked only for him due to the hours required. We talked several times a day (based on his availabilty) and emailed the same. I was under the impression from the start that I was an employee, and only after being let go was I told differently. Now he's claiming that I'm a 1099 IC.

    I will own my responsibility in this mess. I rec'd NO tax paperwork for 08, but accepted his explanation that he would have the situation under control as soon as he had someone to set up the books. He paid me through his other company on behalf of the company that I worked for, so in an attempt to be upright and honest with the IRS, I claimed the income using the FEIN given to me by a co worker for 08. He promised me correct forms to file an amended return before the end of 09. Now I find out that I was never noted as an employee or anything else for 08. The same thing isn't going to happen for 09. I currently hold NSF checks for the last two weeks that I worked, I've filed SS8 for the company, and done everything in my power to straighten this out. He has told another state agency that 'a former employee' is withholding company customer data (not true), yet this can't be cross referenced because he didn't name me.

    Honestly, I need to know if I'm going to be considered an employee, or if his word is going to drag this thing out for months. He just sent me a 1099 for the beginning of the year under the name of his other company (whom I never worked for), further muddying the waters all the way around. I didn't file any paperwork against this other company because I never worked for them, and I'm afraid that this may now get me denied any benefits. I still have received no tax forms from the proper company.

    What did I do wrong, and how can I straighten this out? I've got bounced checks, no income and can't even file my taxes........ Am I an employee, with a decent chance of getting my benefits, or can he make a case for me being an IC because he failed to have an acct to withhold taxes and file reports? I know that he has lost everything (business wise) due to his poor practices... is this going to play into what I'm entitled to?

  2. #2
    Join Date
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    Default Re: Unemployment, Tax Forms and a General Mess

    Was your employer paying into UI for any of his employees?

  3. #3

    Default Re: Unemployment, Tax Forms and a General Mess

    There were really only a couple of employees in this particular business (plus the participation of the owners). The owners have a couple of other businesses, and since I wasn't working for those businesses, I never even asked about the status of those employees.

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