Sun Valley, CA asked in Employment Law and Tax Law for California

Q: I believe I should have received a w-2 instead of a 1099 from my previous employer. Am I right to feel misclassified?

I recently worked with a small company where I was an employee, with day-to-day task, yet I only filled out a W9. Upon further research I realize a W9 is solely for contractors, not employees, so I have been deliberately misclassified. Per a recorded phone conversation with my previous employer I suggested that I work on "per diem" basis, as my monthly salary was continually not being paid on time. She blatantly stated that she needed an assistant at this time, and not someone to work on a per diem basis. A contractor receives a 1099, so by her having me fill out a W9 with the intent to have me on as an official employee, it is to my understanding that an employer can be penalized for that. Now that I have quit she is holding onto my final payment out of spite, and I believe this is one of the reasons she has employees fill out w9, to protect herself from things like feeling obligated to send final payments to employees once they resign. Please let me know your insight on this.

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1 Lawyer Answer
Zaher Fallahi
Zaher Fallahi
Answered
  • Tax Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You need a tax attorney to write a demand letter and explain why you are entitled to get a W-2 and should act by ,………….. The information presented herein is for general purposes only. It is not intended to, and may not be construed as legal, tax or accounting advice. Neither is it intended for solicitation purposes. For specific advice, please consult an appropriate attorney in person. Good luck. Zaher Fallahi, Business and Tax Attorney, CPA.

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