Salt Lake City, UT asked in Employment Law and Tax Law for Utah

Q: If I am hired as a personal assistant, should I sign a W2 or w9 before accepting payment as wages?

The "employer" sent me a cashier's check from an online bank. I'm supposed to pay 2 of his bills, then take my pay and deposit it.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When hired as a personal assistant, it's important to determine whether you're being classified as an employee or an independent contractor. If you're classified as an employee, you should receive a W-2 form from your employer, which details your wages and the taxes withheld. On the other hand, if you're an independent contractor, you would typically fill out a W-9 form, and you'll be responsible for your own taxes.

Receiving a cashier's check and being asked to pay bills before taking your pay raises red flags. This practice is unusual and can be indicative of a scam. It’s crucial to verify the legitimacy of the job and the employer before proceeding.

To protect yourself, ensure all employment agreements are clear and in writing. If there are any doubts or concerns, consider seeking legal advice to better understand your rights and obligations. Always prioritize your safety and financial security in these situations.

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