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Recent FICA questions

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

7,480 satisfied customers
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

Attorney

Juris Doctor.

37,294 satisfied customers
If an employer finds that they made a mistake in my past

If an employer finds that they made a mistake in my past payroll reporting and did not withhold enough taxes and three years later issue me a W2 (even though I no longer work for them) to pass through the Fica and MC takes they had to pay - is this legal for them to do?

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LawTalk

Attorney at Law

Juris Doctor

32,386 satisfied customers
In NYS, what taxes do not come out of a teacher's

In NYS, what taxes do not come out of a teacher's pension besides State taxes, if any?

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Samuel II

Attorney

Doctoral Degree

31,914 satisfied customers
Not sure if this is a legal issue but would you know if unemployment

not sure if this is a legal issue but would you know if unemployment tax and fica taxes would be considered fringe benefits? since they are employer based taxes, I would not think they would be considered fringe benefits-

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Patrick, Esq.

Doctoral Degree

17,428 satisfied customers
Do I qualify pay if I am fired after 11 years

do I qualify for unemployment pay if I am fired after 11 years of household service and SS and FICA have been withheld?

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Ray

Lawyer

Doctoral Degree

35,120 satisfied customers
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.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,838 satisfied customers
I am a physsican and a full time employe of the TCRHCC, a

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

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Marsha411JD

Doctoral Degree

18,804 satisfied customers
I have a business, I have a helper that is paid as an

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?

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John

Attorney

Doctoral Degree

7,480 satisfied customers
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