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1099 vs w-2

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1099 vs w-2

Post by elvis44102 on Wed Oct 31, 2012 6:10 pm

i applied back in July for unemployment....

several decisions and appeals later it appeared my account was activated

however the balance starting and remaining was 0.00 dollars...

i finally actually talked with a live human, and i told her that I was employed wrongly as a 1099 worker for a month and a half

I have already spent many hours scanning and emailing 20 page pdf files outlining the whole scenario (Ohio requires a 20 week minimum)

i worked 18 weeks documented w-2 wages and another 6 weeks as 1099
the company i worked 1099 gives out no information and evidently paycheck stubs were not enough

the company employed me wrongly as 1099 when it should have been w-2

should a person then turn down work as 1099?, kind of hard when there is NO money coming in

I wanted to find out if the claim that was showing with no money ever deposited in it would affect a future claim.

i was told that the 18 they have a record of will still be there

i hope so

just thought i would update anybody who is in similar situation

Posts : 656
Join date : 2011-03-07

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Re: 1099 vs w-2

Post by Guest on Thu Nov 01, 2012 9:41 pm

Elvis, may I ask why you signed on as a 1099 under wrongful terms? What made the work outside the spectrum of 1099 rules?



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Re: 1099 vs w-2

Post by elvis44102 on Thu Nov 01, 2012 10:00 pm

on the IRS website as well as multiple others, there is a list of maybe 20 points with some more important than others.

being under hourly pay rate

under supervision as to HOW to perform work etc

when to work and a few other points make the job an

employer-employee type of job vs independent contractor

the first thing the unemployment person asked me was did the employer
pay taxes??

UPS i think it was just payed out a huge settlement for trying to use w-2 for 1099

i remember them trying to "rent" out there trucks or some such nonsense

the point is the Employer is responsible for hiring people within the law
and tries to bamboozle the employee into accepting the work

but the short answer is YES i would take such work again if no other was available as any money is better than none

this is a common problem and the IRS is "supposed to investigate"
repeat offenders that come to their attention.

the main reason i filled was to bring the companies name to the attention of somebody in a government position.

perhaps after they get enough complaints somebody will investigate

the particular jobs i did were the same as when working legitimate w-2 work for other companies

i called the main company and was connected to a worker who told me the records of non-w-2 employees are confidential or some such put-off

i called back sent emails etc, and got nowhere

the pay stubs i have have virtually no info on them.

as i said i did not expect to get UE insurance but i had to try and at least document the company if not for me, for the next person in my situation

EDIT---i am not boohooing here as i this was back when i started coing contract work and just did not know

i have since researched it and like i said given another dry spell with no other work, i would do it again......and these companies know that as well


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Re: 1099 vs w-2

Post by Guest on Thu Nov 01, 2012 10:26 pm

Thanks Elvis. I asked because I know you do IT hardware. In a lot of situations lately IT staffing is done through multiple tiered vendors... and usually the ones at the end of the food chain are the "seven eleven" cut throats.

I hope you did your quarterly filing and if you paid the unemployment then you should not have a problem.

Wishing you luck!


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Re: 1099 vs w-2

Post by elvis44102 on Thu Nov 01, 2012 11:05 pm

this little contract was one of the first i did.
it was a year and a half ago, only for four or five weekends

i got another job half way through, so i worked 7 days a week for a little while.

the way Ohio counts weeks is only if you got a paycheck, not how many days

so three of the "paychecks" i wanted to count.


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Re: 1099 vs w-2

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