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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36206
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was employed for three years by a man who owns his own business

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I was employed for three years by a man who owns his own business in PA. He refused to file a W-2 or a 1099 for IRS purposes. We eventually became romantically involved. Still no W-2 or 1099 for IRS purposes. We have since parted and I no longer work for him, and there are still no W-2 or 1099 filed and now he owes me back wages but claims because we lived together I didn't need to be paid. What can I do, if anything ?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you were an employee who the employer refuses to pay, then your recourse would be to file a breach of contract claim against the employer in small claims court if the amount is under $10,000. You don't need an attorney, the court clerk will have the summons and complaint forms you need to file, and you can recover your court costs as well as your damages.
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You could also file a wage and hour complaint with the PA Dept of Labor and Industry and they can investigate and force the employer to pay you any wages you are due.
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As for the IRS, if your employer wasn't withholding any taxes, then you would have to file as an independent contractor and would be responsible for paying them yourself.
Your other option would be to file an IRS substitute W-2 on your own using the info from your records. The form is called a Form 4852 Substitute for Form W-2, Wage and Tax Statement.
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Barrister

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