PSA: don't do business favors for friends

[DCal430]

OP's friend falls under (4), so if there is anything left after (3) seems like she has a shot.

If she gets a 1099 she is NOT an employee and is not covered by that. She is considured an independent contractor. She would be AFTER 10 on that list.

 

[Ns1]

If she gets a 1099 she is NOT an employee and is not covered by that. She is considured an independent contractor.

true

 

[Fern]

If she gets a 1099 she is NOT an employee and is not covered by that. She is considured an independent contractor. She would be AFTER 10 on that list.

While is not possible to be certain given the paucity of data, it is highly unlikely the woman could legitimately be considered an independent contractor. The fact the business reports the payments on a Form 1099 is in no way controlling under tax law. The question of whether someone is an employee vs independent contractor is based on the facts and circumstances of the job.

IMO, the woman should find out the bankruptcy trustee and put in a claim for wages.

Fern

 

[DCal430]

While is not possible to be certain given the paucity of data, it is highly unlikely the woman could legitimately be considered an independent contractor. The fact the business reports the payments on a Form 1099 is in no way controlling under tax law. The question of whether someone is an employee vs independent contractor is based on the facts and circumstances of the job.

IMO, the woman should find out the bankruptcy trustee and put in a claim for wages.

Fern

Then she would admit to violating california state law. She would be subject to large fines.

 

[Fern]

Then she would admit to violating california state law. She would be subject to large fines.

WTH are you talking about?

It's September, no forms (1099s) have been filed. Since no payments were payments, no w/h could have occurred.

The woman should go to the trustee and claim her back wages.

The person violating the 'law' is the employer, not the employee anyway.

Fern

 

[DCal430]

WTH are you talking about?

It's September, no forms (1099s) have been filed. Since no payments were payments, no w/h could have occurred.

The woman should go to the trustee and claim her back wages.

The person violating the 'law' is the employer, not the employee anyway.

Fern

I assumed this was done over multiple years. In past years she recieved a 1099 and was paid. That she had filed her taxes as self employed during those years as well.