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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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I worked for a Home Owners Association as a laborer for the

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I worked for a Home Owners Association as a laborer for the first year getting paid by check,then they asked me if I wanted to take the state exam to become a licensed pool operator? I agreed and after passing the test I was told to make a contract. Anyways it looks like even though I made out this contract I might still be considered an employee?
After 4 years I was recently fired . Now I am attempting to do my taxes and after looking at my 1099 I feel my wages are wrong by $20000. What can I do and can I get copies of all money paid to me ,if so how. Oh yeah the Manager somehow got a restraining order against me *yards , no calling etc
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Did your employer prepare its own payroll checks or did it use a third-party company to issue their checks?

What happened when you contacted the person who prepares the checks for the information you're seeking?
Customer: replied 1 year ago.

They prepare their own checks. This person(the manager is not cooperating or even returning my phone calls. Should I contact the IRS and let them know she had me paying her employees under the table to protect them from violating any immigration laws. The only reason I had the business under my name was when I first started working there she asked me to help one of her main workers who was doing a lot of side work to get a business license because he didnt speak english very well so I did and the only way I could do it that day was to put myself down as his silent partner and of course I did it because I wanted to keep my job and show them they could depend on me. But now that I dont work there Im afraid of what could happen to me. I do have all the invoices she gave me with the "payroll check" instructing me how much to pay each person. I did this every two weeks for over a year , i did not receive any compensation for this.

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. Have you previously contacted the IRS for a formal determination by them if you should have been treated as an employee or independent contractor?
Customer: replied 1 year ago.

no I have not should I ?

Expert:  JB Umphrey replied 1 year ago.
Thank you. Yes, the best route is to fill-out form ss-8 and submit it to the IRS. Here is the form: http://www.irs.gov/pub/irs-pdf/fss8.pdf and it includes the directions on how to submit it to the IRS.

If the IRS determines that you were not properly classified by the employer, then they will require the employer to pay the taxes, etc. The IRS can require them to turn over their books/proof of payments to you. You can also go back and review your bank records for the past year to see the deposits you made from the employer to determine how much they actually paid you.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
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