My employer during the 2006 calender year never issued paychecks/pay stubs. I assumed this was because I worked for tips and any hourly wages were going to pay my taxes. Just recently I was informed that I would not be receiving a W2 neither. I now have no proof that I was working for the year, and I cannot file my taxes. Are the actions of my employer legal? Is there another way to file taxes without this information?
2007-02-07 13:12:50 · 8 answers · asked by roberfell 1 in Business & Finance ➔ Taxes ➔ United States
I did not keep a record of my tips because after each shift my boss asked us to write it down for him. I assumed he was keeping a record. The only thing I have are my bank statements that show I made two cash deposits a week. Is that enough?
2007-02-07 13:27:38 · update #1
No, what your employer did was not legal. Even if you were a tipped employee, you still were owed a minimum wage, even though it's a lot lower than the minimum wage for employees who are not tipped.
If you have records of what you made in tips, you can still file for that amount of income.
You should probably contact the IRS regarding this employer. Look for a different job right away. Good luck.
2007-02-07 13:18:34 · answer #1 · answered by Judy 7 · 3⤊ 0⤋
Yes, the actions of your employer are HIGHLY illegal. Contact your state's labor board. But you have some shared guilt as well.
Among other things, you are supposed to report tips received to your employer in any month that you receive more than $20.00 in tips. The employer is supposed to withhold taxes from your basic wage (which may be lower than the prevailing minimum wage) and you must make up any shortfall from your tips if the base wage is not sufficient to cover the taxes due.
Legally there is no such thing as a "tips only" job.
2007-02-07 13:29:29 · answer #2 · answered by Bostonian In MO 7 · 4⤊ 0⤋
You can go back and reconstruct your pay from your bank deposits. I'm assuming that he paid you with cash and that you might have deposited your earnings in the bank. You will be liable for your half of FICA and the resulting income taxes. Use the result to file your earnings, report them as wages in box 1 of your 1040 and expect a letter. Report your employer to the Department of Labor.
2007-02-15 06:28:17 · answer #3 · answered by Scott K 7 · 0⤊ 0⤋
Contact State Wage and Hourly office in your State Capitol. Also, contact IRS for assistance - as well as state tax office and Social Security Commission.
2007-02-12 13:18:12 · answer #4 · answered by Donald W 4 · 0⤊ 0⤋
Look for a new job. When you get a new one then contact your state's department of labor. Don't run out and get a lawyer or he'll probably get more out of you then you'll get out of the old boss. If you can't get a new job then I'd suggest you keep your mouth shut or you'll be unemployed. Also think about personal safety as bad reactions can occur. Economic times are bad......
2016-03-28 21:32:00 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Call the labor board. The number's in the phone book and they are so helpful. My ex got a bunch of back pay when his old boss screwed him and his boss had to pay a huge fine. It's worth the effort!
2007-02-15 05:39:11 · answer #6 · answered by Jessica R 2 · 0⤊ 0⤋
He has to by law provide you with a w2, he has to pay you hourly for what you do... GET A LAWYER NOW!!!!
2007-02-15 01:04:20 · answer #7 · answered by momof3 5 · 0⤊ 0⤋
Call a lawyer.
2007-02-07 13:18:12 · answer #8 · answered by Anonymous · 1⤊ 0⤋