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I have been notified by the EDD that I owe for employee

I have been notified...

I have been notified by the EDD that I owe for employee disability and past taxes. I do not, and have never had any employees. I am a dance studio owner, and have 2 independent contractors at this time. In the past I have had up to 3. I have always sent in 1099 forms, but one teacher from a couple of years ago filed for unemployment insurance after he had QUIT, and went to work for Disney for a 3 month contract. I didn't realize when he asked me to send him a copy of his 1099 from that year, that is would end up creating a mess for me. I have sent 2 letters to the EDD, and called them. They said that they would audit my business to decide if they were employees, or contractors. I said ok, and told them I would be prepared by Dec. 28, 2017 for the audit. But, I did not hear back about that. Now I have received a notice that I owe over $7000.00, and that it is going into collection. What should I do????

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

California

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

?? not sure what you mean. I have received numerous letters from them, but I have sent them letters to explain that I believe that it is a mistake on their part. In speaking to one of their staff, he agreed with me, and my tax person has agreed and told me to send them letters.

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

I have been in business since 1976, and most of the time I did all my own teaching. Now, at age 66 I teach less, and allow other teachers to come in and teach. I also teach at a school, and I receive a 1099 form from them. So, I believe the the EDD is wrong, but I am afraid to pay the money to them, and I am afraid not to pay now.

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Answered in 1 hour by:
3/6/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,765
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

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You should send a response to the notice that you dispute the validity of the debt as you did previously because you never had any employee that would necessitate your payment of worker's compensation/disability taxes. That you offered for an audit back in December 2017 when the issue was raised, but did not hear back. That you now request once more for audit of your business records that would confirm that you have Independent Contractors and not employees. Thus, no tax is due and owing to the department.

Goodluck with your case,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,765
Experience: B.A.; M.B.A.; J.D.
Verified
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