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 Message 20382 of 22774 in Behind the Bar
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Subject: 1099 part 2
From: rmls143
Posted: Tue Feb 12. 2008, 23:23 UTC
I would like to say thank you to responses I recieved, some info has helped

First of all, I really dont care about losing the job, its my second job, 
which I work part time (usually about 4 to 12 hours a week) I did think I was 
being paid "under the table" since I never signed anything at all when I 
started working there, no W4 or W9 and especially since I was getting paid 
cash every week. I know it was stupid on my part. When I got paid, I did sign 
a slip of paper saying a recieved the cash. So I think one step I need to take 
is for her to give me proof of how she came up with the amount she wrote on 
the 1099. She does have a weekly schedule that she makes up, which I am going 
to try to get a copy of. There are also a few pages in a notebook we have 
where she would write us notes telling us what to do and how to do it. After 
we work our shift we write on a calender how many hours we worked, so I am 
going to try to get copies of that, especially the week were I was getting not 
getting paid for training (on the calender she wrote training NP)I have 
researched online and found the what terms qualify a person as an employee vs 
an independent contractor, which I definitely fall under the employee 
catagory. I found online a form called SS-8 which I fill out and send to the 
IRS so they can determine if I am an employee or an independent contractor.  
Legally, I guess that would be a good route. Someone suggested I go to my boss 
and ask her to help pay a part of the taxes I would owe if I filed the 1099. 
I have worked there for a lil over a year now, it is a cash only bar. I know 
how she thinks and I know she does what she can to save herself some money. I 
mean I believe she refills her own alcohol which I dont know all the rules on 
that aspect, but it doesnt seem right. I keep going back and forth on what 
would be the right path for me to take. I suppose I should talk to someone 
that can look into things and lead me in the right direction, but I guess I 
dont really know where to start or who to call. Thank yo "OnTheRocks" for 
mentioning the Employment Development Department, I will look into that. I 
also know having copies of some things from the bar as "proof" will help me in 
some way, so if I do fight this, it wouldn't exactly be my word against hers. 
Thanks again!


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