Mount Holly, NJ asked in Employment Law and Tax Law for New Jersey

Q: received W2 and 1099misc from same job, why?

My fiance is considered an employee because she is given a schedule of hours that she is told to work, vacation time (for taking days off), set amount of time to take breaks. About twice a month, the company gives mandatory classes for improvement and new learning skills.

The company does have products, that they tell there employees they must try and sell to there customers these products. There is a quota of products that each employee must sell, and if they don't make the quota, then eventually this could lead to some disciplinary actions (maybe termination). The employees do get a commission of the products that they are told to sell though.

The employees have to call, if they are calling out sick, and just like any other job, has a limit on call outs.

I say all of this, because I don't see where she would be considered a independent contractor. She makes above minimum wage per hour. Pa $7.25, (she makes $8+). she also sometimes gets tips

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: The reason is simple. The W2 is for wages earned, the 1099 is for commission income, which was probably not taxed.

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