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We where just audited by a colorado auditor and even though…

Customer Question
We where just audited...

We where just audited by a colorado auditor and even though we had 1099's they ruled them as employees and said we owe them a lot of money is there anything we or you can do?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

Yes, all of it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think thats all

Submitted: 2 months ago.Category: Employment Law
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Answered in 9 hours by:
12/16/2017
Employment Lawyer: Marsha411JD, Lawyer replied 2 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,621
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. We can't do anything because this is not a personal representation Site, merely a legal information Site. Therefore, we are not your attorney and we cannot form an attorney-client relationship with you, either on the Site or off. However, I can tell you that you will definitely want to hire a local employment law firm that represents employers to try to appeal this ruling. Doing it on your own will not result in a different ruling since it didn't in the first go round. Your attorney can look at the facts and evidence and, if they believe that you have a legal position, represent you in your appeal. If they don't believe you have a leg to stand on, they might be able to negotiate some sort of lesser penalties than what you are facing with the State.

This is a very complex area of the law and only someone with all of the intimate details of your business and what your employees do, etc., can reach an opinion. However, if you want to start some of your own reading, you can look a what the IRS says about this issue, which, by the way, is what the States use to make their determinations. That information is at the following link: https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you.

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Employment Lawyer: Marsha411JD, Lawyer replied 2 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 16th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Marsha411JD
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Category: Employment Law
Satisfied Customers: 20,621
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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