Los Angeles, CA asked in Tax Law for California

Q: Can an employer who pays his employees cash money under the table ask his helpers to help him pay tax on his contract

I have done several jobs with who I thought was a legal contractor over several years. I was always paid in cash & never had a problem. However, I always had a sixth sense he would con me every chance he would get when it came to small things like verbal commands etc. I overlooked this. I agreed to complete a 21 day job last week with him. On our 4th day of work this week he called me an the other helper inside a room at the company where we are working at and asked me and the other helper if we would have any problem giving him (25)% of our under the table cash back to him every Monday on payday. The other helper who isn't the brightest human being agreed. I can smell an odor when I'm being decieved. I asked him if I can speak to my parents first because I would be more comfortable doing a 1099. He immediately started cursing me out, yelling at me and told me he couldn't 1099 me and I had no choice in the matter. I refused and he fired me!

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: You may want to report him to the IRS and FTB for tax fraud. If he owes you money, you may want to sue him for that in court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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