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Recent employment law questions
I was terminated from my job on Monday due to a false accusation
I was terminated from my job on Monday due to a false accusation about a restraining order against me by an employee at a job site we were working at. My employer then asked if I had previously had a restraining order, or any other criminal charges against me. I stated that in 2008 an restraining order was filed against me but there was no evidence to enforce the same and it was dropped. My employer, who I have been working with since January when he bought the company from his dad who I worked for for 2 years, fired me because I did not previously disclose this to him. I had disclosed this to his dad when I first was employed, and dad said not an issue. Also, I am a 1099 employee which I feel was being used inappropriately in this case. Am I eligible for unemployment benefits as a 1099 employee. I believe I should have been a W-2 employee but they didn't want to pay the FICA and other employment taxes which comes with being a W-2 employee.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am a physsican and a full time employe of the TCRHCC, a healthcare
I am a physsican and a full time employe of the TCRHCC, a healthcare entity that is organized under public law 638. I have excellent benefits including a 401 K, health care, disability etc.For the last 10 years I have moonlighted for North Country, a Federal Clinic as an Ob-Gyn. The only work I do for them is in the hospital, a seperate entity where I am fully credentialed . I never work in their office or clinic, but just take call for them in the hospital. I bill them as an independant contractor and am paid for a 24 hour shift. I pay estimated taxes on this money.Recently, becasue of a change in Federal law (?) they have asked me to become an employee. I began this lengthy process and was credentialed by them (although this is not strictly necessary to my job as I don't work in their clinic and therefore only need to be credentialed in the hospital). I have completed the credentialing process and now they have a long employment form for me to fill out. Additionally, they want me to complete a time card and withold taxes, FICA etc from my paycheck. Is this really necessary? Is there really a reason I can no longer be an independant contractor for them? I only work one or two days a month.Thanks
I have a business, I have a helper that is paid as an independent
I have a business, I have a helper that is paid as an independent contractor for many years now (receives a 1099 yearly). This helper has no license and cannot drive, I have to transport him to each job I need help on. He is paid for the hours that he works OR a set amount (flat fee) depending on the job. The helper has always had the decision if he wants to work or not and could leave a job site at any time if he wants to/needs to without fear of not being called on again. The helper is compensated (paid) when I get paid for the job at hand, sometimes this could be in a week, other times it could be up to 45 days. If we are on the road I pay for hotels and food. Basically all he provides is his tools and labor assistance when he decides to work. I guess for my own protection going forward, is he an IC, is he an employee? I am in the business of telecommunications power installation work. Help?
My employer has accused me of payroll theft. I did payroll,
My employer has accused me of payroll theft. I did payroll, among many other accounting related duties for a company. Last week, my employer and consultant pulled me into a meeting at days end on a Friday and accused me of stealing money through payroll entries (paying myself double wages) on 3 separate occasions during a 3 month period and wanted to know why. I told them that I had not noticed an variances through my direct deposits and would have to looking into what they are talking about. Long story short, we use a 3rd party payroll company online to enter weekly hours. One of two things happened to cause this error. I am an exempt salaried employee and on weeks that my employer makes me prorate my salary due to a holiday, you must manually enter in the prorate hours and then unselect the "Autopay" box that automatically pays the salaried employee their normal salary. though my pre-process reports show that I properly prorated my hours and unselected the "Autopay" box, and the employer approved for final submission, the final submission shows that the "Autopay" box was selected in addition to the prorated hours. This happened on 3 separate occasions, each time the week was to be prorated. I did not notice a direct deposit discrepancy because I have two accounts that my pay deposits to (1 main and 1 additional for smaller amts savings) and once a month a put more in acct 2 to make my mortgage payment.s or other expenses. The weeks that were doubled, the net pay went into the main.Right before this started, we hired a consultant/1099 contractor to assist with accounting functions. She turned out to be a difficult employee headstrong to get myself or another employee terminated to gain FT employment. This employee did month end PR reconciliation and never mentioned the discrepancy, she also had 3rd party payroll company administrative permissions and means to sabotage (she was always asking is payroll had been completed or if I was still awaiting final approval from the owner to submit payroll) giving her time to revise my PR entry.I was the only employee that this error happened to I am assuming, after employer verified, and this other employer had accused myself and another accounting employee of harassing her off duty via nasty texts, which is not true on my part.Now the employer is seeking restitution of unearned wages, which I have agreed to after reconciling and agreeing on what the amount overpaid is. Am I correct in thinking that I should reimburse Net Wages and not Gross Wages as they are requesting, since the earnings are from 2015 and I paid taxes on the earnings? The employer is also stating that if he is not paid in full, he will contact law enforcement on theft charges, when I have done nothing wrong and want to make what error happen right. I am afraid he is attempting to hurt me and my career and I have done nothing wrong intentionally.Needless to say, they have replaced me with another employee and have not supplied me a written termination.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I have been working on a project than three years.
I have been working on a project for more than three years. In addition to a salary, I am paid per diem, which is billed in full to the client as "living expenses". After one year on the project, my per diem became taxable. My employer deducts both the employer's portion and the employee's portion of FICA from the per diem that was originally paid to me in full. In other words, the employer remains "whole". Moreover, once the FICA thresholds are met, the employer continues to retain the "employer's portion" without justification. While unethical, is it legal?
ELLIOTT WEXLER CPA" TO SOCRATEASE IF POSSIBLE: TaxpayerView more employment law questions
ELLIOTT WEXLER CPA" TO SOCRATEASE IF POSSIBLE:Taxpayer client is a C corporation, Professional Services Corp.-Personal Injury Law Practice. Taxpayer is now in a matrimonial proceeding. For many of the prior years his spouse worked in the practice but has not done so since 2000. She did claim that because she was instrumental in starting the practice she is entitled to a percentage of it's value.However, the dynamics of the case reveal that the spouse had 5 children from 2 prior marriages while the taxpayer has only had one marriage, to this spouse and no issue. He did, however, graciously assist in the raising of the 3 children from her second marriage and they are all adults. They MO of the this case is that the taxpayer has supported 2 residences of the children from her other marriages including ALL operating expenses and education as well as to give the spouse an enormous amount of funds for her personal use. This was done, most ineptly, by using the next year's revenues to pay the prior years taxes. This has all ended with the divorce filing. The current debt to the IRS for 2014 is $370,000.00 and NJ is $55,000.00. Liens have been filed by the IRS on all properties and there is little net equity in them anyway.Although the taxpayer grosses $2500.00 per week with taxes withheld and the spouse grosses $1,500.00 per week with taxes withheld, the monthly payments from the practice for personal expenses ranges from 55k to over 100k PER MONTH.What I would do is periodically convert these amounts to W2 wages for the taxpayer as "Bonus Wages"-Voucher only-Fica only- as well as rent expense which the corporation deducts (they own the property JTWROS) to offset these payments to realize no net income for the PC.For example, in 2014, the taxpayer had a W2 totaling $895,000.00 with only 25k of FWHT.The reason I have gone to such extents in describing this situation is that, despite being warned in the past by the IRS about this, the corporation has now received a "LOCK-IN letter notifying the employer (and employee who just happen to be the same person) that as of 2/15/16 any payroll this employee receives MUST be calculated by using Single-0000 exemptions OR ELSE:WHAT ARE THE POTENTIAL PENALTIES FOR THIS LOCK IN PROCEDURE THE IRS IS NOW USING ESPECIALLY WHEN THEY REALIZE THE EMPLOYER AND EMPLOYEE ARE THE SAME PERSON???? ARE THERE "EXCISE TAXES"?MIGHT THIS BE CAUSE FOR DISBARMENT IN NJ???THE IRS AGENT HAS INSISTED THAT BEFORE THEY WILL CONSIDER AN INSTALLMENT AGREEMENT FOR 2014 THAT 2015 MUIST BE CURRENT AND PAID IN FULL BY FILING DATE-4/15/16 AND GIVEN THE ABOVE-THIS IS COMPLETELY IMPOSSIBLE UNLESS SERIOUS ADJUSTMENTS ARE MADE IN CASH DISTRIBUTIONS.UNFORTUNATELY, THE SPOUSE, HER LAWYER AND FOR THAT MATTER, THE COURT SIMPLY DON'T GET IT THAT THEY HAVE NO STANDING WHERE THERE IS THIS AMOUNT OF TAX DEBT GIVEN THE CIRCUMSTANCES DESCRIBED.