I was working for this mortgage company last year for about 6 months. I had set hours, Monday-Friday from 9am-5pm & a 1hour lunch. I was on salary, every single month I got paid the same amount. I recall asking them why I did not have a pay stub showing all my deductions, & why they were not taking any thing out of my check. They told me that this is how they paid all their employee's, (When I was hired I was hired as their employee not as an individual contractor) & that at tax time they would send me a form to do my taxes called a 1099. When I did my taxes I did not need to pay the state any money. I did not know this but apparently employers can NOT do that, they can not tell the government (edd, irs etc) that you are an individual contractor & when in reality your just a regular employee. Now when I called EDD they told me there are no wages that were reported for last year from that employer who had me on a 1099. How can I fight this & get unemployment!!!?
2007-11-21 13:02:31 · 3 answers · asked by Question..... 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
no, because employer did not pay into insurance fund. there are no deductions for people on 1099.
2007-11-21 13:06:06 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You probably can't. You can fight your designation for federal tax purposes as an independent contractor by sending the IRS a filled out form SS-8. but even if they agree you were an employee (which from what you say, they will), that doesn't change your unemployment eligibility. Since nothing was paid in for you, you are probably out of luck.
A 1099 is a form given to an independent contractor, not to an employee - an employee gets a W-2. If you didn't know that before, you have now learned a hard lesson.
2007-11-21 21:41:32 · answer #2 · answered by Judy 7 · 0⤊ 0⤋
talk to the irs
2007-11-21 21:10:43 · answer #3 · answered by Anonymous · 0⤊ 2⤋