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Recent employment law questions

Can an illegal immigrant who has a TIN, but not a work

Can an illegal immigrant who has a TIN, but not a work permit, file taxes and if it is found out they don't have a work permit would I (self-employed contractor) be penalized if I give them a 1099 at year-end?

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Infolawyer

Attorney

Juris Doctor.

 
36,602 satisfied customers
I am president of a Wisconsin corporation and have been personally

I am president of a Wisconsin corporation and have been personally sued by a dismissed employee in small claims court for pay she claims owed to her. She has falsified her time card and refuses to fill out an I9 and W4. What statute protects me as an individual from being sued instead of the Wisconsin corporation?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
I have a question about a job that I recently

Hello! I have a question about a job that I recently resigned from. The owner/manager moved to a different state (over 30 hours away) and hired me as the "manager". However, I was not given any responsibilities as a manager...had no access to any of the business bank accounts (even though I was expected to run payroll), have emails stating that I was not allowed to make ANY decisions without consulting with her, and she never communicated directly to me....only through other coworkers. When she began insisting that I or someone else at the office needed to forge her name on payroll and banking checks and documents, I and two other employees quit without notice. When we quit, we took the folders in the unsecured filing cabinet (ALL employees had access) that had our social security numbers and drivers licenses, applications, and certifications. Those folders had a lot of personal information (but no performance reports or payroll records or anything like that) and were completely unsecured and with three of us leaving, we had no idea who would have access to that information. Now, our former employer is holding our last paychecks and telling us it was illegal to take that information. Is it? And can she legally hold our paychecks hostage? We live in the state of PA. We did realize after the fact that our i9 and w4 were in the folder and we emailed an electronic copy directly to the owner.

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
We have a part-time employee who filed exempt status on her

We have a part-time employee who filed exempt status on her W4 for company to withhold not taxes. She recently discovered when getting her W2 that no taxes were withheld and is very upset stating that she will take legal action against the company for not withholding taxes. We have her electronic signature and the date that this form was completed as our process is electronic. Are there any risks from an employee with this type of allegation? We sent her a copy of her electronic signature and she is claiming that she did not complete the form and someone else must have.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
Customer: my name is ***** ***** I have a misclassification

Customer: Hi my name is ***** ***** I have a misclassification of contractor and breach of contract for a W-2 to 1099 JA: Thanks. Can you give me any more details about your issue? Customer: I was found by a recruiter and was offered a position on a contract to hire basis. I went through a normal interview process with the contract company. I signed my offer letter letter and terms of employment with the contract company stating I am a W-2 employee, I filed my I-9 and W-4 with the company that contracted me out to another company. I have received no pay stubs for the full 8 months I worked for them. I have requested it several times with no response. I recently requested my W-2 from them to file my taxes and was given a 1099 and was told that I am responsible for my taxes. my question is do I have a case? because I can't afford to pay the taxes that I owe and I really don't feel like I should have to. I completed the job as they had requested and was hired full time. The company I was contracted to I reported daily to, they supplied my computer and all of my software. the same company has now hired me full time on a w-2 bases, but i am now argueing with the contract company JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit? Customer: Do you know whow long? JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
We had several temporary employees work and claimed

We had several temporary employees work for us and claimed exempt status on theirW-4. Our CFO changed there status to married with 7 exemptions as he felt they didnt meet the IRS requirement for such.I don't think he should have done this and can i face legal proceedings for him doung this

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
My husband and 2 partners incorporated and bought a bar, with

My husband and 2 partners incorporated and bought a bar, with my husband being the GM. Initially, I was helping part-time for free; but when I started working double-shifts 5 to 7 days a week, I submitted a W4 form and got a paycheck. The money was very tight though, and I kept postponing sending my hours to the CPA reasoning that I can give them the credit of time.Later the corp decided to change the business direction, and my husband withdrew from it. And I was told since there was no initial agreement that I would be paid, they owe me nothing - despite me working there daily, my W4 filed with their CPA, and my paycheck on their papers during spring audit. By my calculations, I am owed between 16 and 20K. What do I do?I tried to present in writing my reasonable expectations of being paid for over half-year's work to the owners; gave them an option of installment payments to not strain their budget. To no avail... They keep claiming they didn't know I was _working_ for them, or that I would require being paid for it. They seem to consider me a 'package deal', since my husband was a member of the corporation.Unfortunately, whether I am paid or not, all my husband is getting out of it is some equipment he brought in originally, and a prorated equivalent of the new GM's salary. I didn't want to touch upon that (another long story), but the present value of the business is nowhere in the amount of his compensation. So, the present owners get to keep everything I've done and it's cash equivalent, neither I nor my husband benefited anything from it.

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
We are getting ready to make our first payout of our 409a

We are getting ready to make our first payout of our 409a plan and wonder if we need to tax the payout or let the recipient take care of the taxes?

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Ray

Lawyer

Doctoral Degree

 
33,892 satisfied customers
My name is***** was hired part te at a

Hi my name is***** was hired part te at a job in Feb 2015. I filled out a w4 with my deductions. Recently my house have been cut form about 60 to 30 evey two weeks. I asked about filing partial unemployment. I was told I couldn't because I was a subcontractor. Which made me pretty confused. So I spoke with her today to receive my hours and anything in my file. I said where's my w4. She said I shredded it, I just needed the info. I said shouldn't I have filled out a w9 and she said no I can use your ssi no. I feel something shady is going on. I was not told I was a subcontractor when hired. Now I'm going to be 1099 and feel they are pulling something over on me. Could you please let me know if I can file unemployment or what I can do to feel things are right. Thanks Stephanie

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
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