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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27196
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My previous employer failed to file a W-2 for me. He also refused

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My previous employer failed to file a W-2 for me. He also refused to file a 1099 so that I could claim self employment. I reported this to the IRS.
Question #1: Can I sue the previous employer for any tax I will have to pay in since he failed to file my as an employee with the IRS and did not deduct anything for taxes, Social Security, etc ?
Question #2: Can I sue him for back wages if there is no IRS proof I was even employed there ? The only proof I would have, is signing business checks to buy inventory as well as other expenses.

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

1. Unfortunately, you cannot sue him. However, if you ask the IRS to file a determination of your status, and they find in your favor, you will get a refund, and he will get charged taxes - plus, likely, interest and penalties. You can claim self-employment without a 1099. It's just a little more time-consuming, because you have to add up all the amounts you were paid yourself.

2. If you were not paid, you can sue for back wages. Any copies of checks that you can get from the bank are proof that you worked there. You can also subpeona records from their bank. Even if they paid you in cash, you can still sue for any amounts that were never paid - it's just more difficult to prove. Your testimony is evidence. Their testimony is also evidence. In a civil case, you just have to convince the judge that, more likely than not, what you are saying is what actually happened. It's a very low standard of proof.

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