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Recent FICA questions

My wife was overpaid by her company, she was owed retro pay

My wife was overpaid by her company, she was owed retro pay and merit increase. She asked how much it should be amd they said don't worry about it it will be in your next paycheck. We spent some of it but have more than half to pay back. Can they take back the balance and basically take it all back and not pay her? We know we need to payback the money and have no issue, but it seems like they want it all back nowJA: For how many months has the overpayment occurred? Is the employer aware of the situation?Customer: It just happened two weeks ago, yes it just came up in her P and L meeting.JA: Has anything been filed or reported?Customer: Just her company finding the discrepancy now. We have no problem paying it back, but they are talking taking her next two pay checks and leaving her with out moneyJA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know what we can do, they make it sound like its our fault for spending the money

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LawTalk

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Juris Doctor

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My husband was fired from a job in July. They paid him

Hi, my husband was fired from a job in July. They paid him severance of $5k per month for 5 months. No taxes were taken out. They sent a 1099. Do we have to pay taxes on this now? Our accountant says they shouldn't have reported that way and may not include this as income. Is that ok to do?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MaineJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm not sure what you mean? He was working full time then they decided to let him go. He didn't want to leaveJA: Anything else you want the lawyer to know before I connect you?Customer: I think that they mentioned to him it was called consulting fees but they ne we ever called him back. Walked him off the property where he was a caretaker and never contacted him again

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John

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Can I deduct some pay from employee who brought her friend

Hello can I deduct some pay from employee who brought her friend in and gave her a service and the friend had to leave immediately after.?

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Loren

Juris Doctor

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CAN EMPLOYERS WITHHOLD FICA TAX FROM MONTHLY CAR ALLOWANCE

CAN EMPLOYERS WITHHOLD FICA TAX FROM MONTHLY CAR ALLOWANCE PAYMENT?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WASHINGTON DCJA: Is the employment agreement "at will," union, full time or part time?Customer: FULL TIME MANAGERJA: Anything else you want the lawyer to know before I connect you?Customer: NO

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John

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Doctoral Degree

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Is it illegal to work only for room and board in the USA? I

Is it illegal to work only for room and board in the USA ? I read that no matter what agreement like that , the law requires that a minimum wage be paid in dollars, that FICA be filed by the employer, social security be paid, and what else ? I don't know because I am not an employer. I read about a case in NY where a family had a maid/ house keeper working for them, they did not pay a salary but took care of her expenses, room and board. I do not know any other details on that case. The housekeeper called her family in India , they filed suit against this family, who then had to pay the minimum wage and what ever estimated for how long this woman had been working in their home. Again , the question is - is it legal in the USA to work in exchange for room and board ?

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John

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Doctoral Degree

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I own an S Corp with 3 employees. We have suffered great

I own an S Corp with 3 employees. We have suffered great financial loss and are not able to keep the doors open. Loss was from a competing company suing ours for a plethora of offenses from hiring people who had breached confidentiality of former employer to improperly making accusations about there services and defaming there products as such. They have expended all our legal resources. we will now have to concede and take the lawsuit judgment of 500k and close the doors. (No bankruptcy) My question is this; me being the 100% shareholder and having paid myself a salary for the last 2yrs and paid into unemployment and fica , can I collect unemployment for myself in the state of TN?

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TJ, Esq.

Juris Doctor (JD)

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I own a yoga studio franchise in Texas. I need to issue an

I own a yoga studio franchise in Texas. I need to issue an "independent contractor agreement" to my yoga teachers and I am using a template recommended by my franchisor, a company incorporated in Colorado. This template, under payment terms reads: "As provided in Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2), the Independent Contractor expressly agrees that, as an independent contractor, the Independent Contractor is not entitled to any employee benefits from the Company, including, but not limited to, any employer withholdings or liability for: taxes, FICA, Medicare or Medicaid;medical or disability insurance; vacation or leave; pension; unemployment insurance; or worker's compensation insurance"please recommend a substitute reference for the "Colorado Revised Statutes §§ 8-40-202(2)(b)(IV) and 8-70-115(2)" considering I am in Texas.thanksGuido

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ScottyMacEsq

Doctoral Degree

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If a employee presently has health insurance through an

If a employee presently has health insurance through an employer, can employee seek other insurance that is less costly while having the other? Present healthcare is increasing again and is taking almost 3/4 of their paycheck!

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John

Attorney

Doctoral Degree

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Second Opinion Topic: Reclassification of my status from...

Second OpinionTopic: Reclassification of my status from...Topic: Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Question:Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 andending July 1 seriously enough to make a out of court settlement?Attached Files1099toW2***.pdf gives all the details which are also pasted in this window.Kevin****Agreement.pdf is the agreement.July 27, 2016Reclassification of my status from 1099 independent sales rep to W2 employee dating back to November 2015.Dear Attorney,Would my former employer treat the possibility of me filing for reclassification of my status of a 1099 independent sales rep to W2 employee dating back to November 2015 and ending July 1 seriously enough to make a out of court settlement?Excerpt from attached agreement:“Description of Services: Consultant will provide consulting services related to expanding the business, creating sales and generating revenues for the company”This is the only document signed or otherwise acknowledged in writing the nature of my employment.Here are some of the characteristics of my working arrangement which might be helpful in establishing a credible, not certain to win, case.The product I tried to sell was not ready for market as illustrated by the growth of global sales from ZERO to ZERO over two years ending July 1, 2016. I moved into other roles which would be classified as marketing and those fit my professional background in marketing. I offered market analysis, strategies, new product development expertise and attended meetings held by the Owner & President, the VP of Sales and Marketing, and others. I worked normal hours from 8am-5pm weekdays in the company office since Nov 12, 2015. They provided me a company cell and business cards, as well as, the title of "Director of Business Development". I had a direct reporting relationship with the VP of Sales and Marketing. I was given a company shirt and ordered to wear it on Wednesday's to brand our company. Additionally, in my independent contractor agreement I was required to work a minimum of 20 hours per week unless otherwise approved by the company. My picture, title and biography was listed in the company information as team member on its website. The contract is attached. My new boss as of June explicity told me that I need to be hired because he has “seen enough employement situations to know what is and is not a 1099 position.”After promising for months to hire me as a salaried W2 at a rate of $5000 per month which I offered because I naively thought it would help the company get through this tough stage. However, I stipulated that my salary would need to be market based by September of 2016 or once another round of investment was gained. Interestingly he hired three more people before starting to pay me still under the 1099 arrangement. Finally, in April the company found new investors and promised to hire me soon as an employee reporting to the new “VP of Administration”. I was paid four times from April to May of 2015 totaling only $6000 (from which I owe 12.4% Fica) (vs. $17,000 owed). In June he told me in front of the HR Director (his wife) that not only would he pay all the back wages from April and May, but catch up for June by month's end. The owner had fulfilled on $6000 of the $17,000 he acknowledges he owes me. If I were treated as a W2 since starting, I would have earned $44,000 including his FICA obligation.

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Infolawyer

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