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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118737
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Hello, I work in construction industry (installation of floor

Customer Question

Hello, I work in construction industry (installation of floor coverings). My boss gave me 1099 form to do my taxes, but i recently found out that he can not do that as im not properly licenced. I did my taxes on the same basis last year, but i did not now that. What should i do right now and what kind of coincidences am i facing as i just past my state contractors examination???
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
You would be possibly considered an employee and not an independent contractor and the employer may have miscategorized you, meaning the employer could be liable for paying taxes, unemployment, workers comp and any overtime to you under the Fair Labor Standards Act. You need to start by filing a claim with the US Department of Labor's wage and hour division for being misclassified as an independent contractor and they will investigate and obtain the remedies for you.

As long as you paid your taxes, you are not facing any harm or consequences for this, the employer is.

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Customer: replied 8 years ago.

there are only 12 days left to file taxes. Is it possible not to file them this year, but next one? And how long will i be able to file a claim? also can I file a claim for the previous year, which has already been paid?

Expert:  Law Educator, Esq. replied 8 years ago.
You can file them and should file them this year. As I said, you are not at fault because your employer paid you improperly. Wage claims are only able to go back 2 years. You need to file this claim with the US Department of Labor and file your taxes as well.