Unlawfully fired? Calling all legal eagles

**Mike Dura** · 08-04-2008, 04:22 PM

I work as a part time service manager for a chimney company initially, off the books. I asked the owner if he could 1099 me so I can claim my own taxes for the purpose of naturalizing my wife. He agreed and about six weeks ago they started cutting me checks for which I made copies of so I could claim the taxes at the end of the year.

Then I asked for a brief note on a company letterhead stating my position, start-date and salary to which the wife (part owner) agreed.

She asked me, when do you need it. I told her Friday. Friday came and went and she failed to write up and deliver the letter. She strung me along for about a month with a series of supposed days she'd bring in that note and failed to do so. It was clear that she was playing a game with me but I didn't understand why at first because I didn't really give it a thought.

She then mentioned that she'd have to report my employement start date at the time the company started cutting me the checks as opposed to my actual start date of 8 months prior.

She also mentioned the threat of a possible impending audit (!).

Ultimately, however, it became clear that there was no intention of writing that letter and she was just playing a game, the purpose of which was to make unhinged at which point they would fire me for that and a list of other manufactured reasons (e.g., being late, etc).

I think the real reason they fired me relates to the complications of me claiming taxes (1099) and the impending audit. Meanwhile, I have a copy of six checks they cut me which I'm sure the IRS would be interested in.

It puts me in an awkward situation. I recognize their good intentions of "doing me a solid" helping me 1099. I guess when they found out the risk they put themselves under with this audit, they decided they had to find a way to make me "go away." The girl owner often boasted about "how well she reads people" and that no one could read her. She seemed to insinuate that she was too "complex" and she took pride in her supreme powers of perception and dominance. I was amused to hear about omniscience but apparently, I saw through her game and it was all too obvious.

I think she read me as clueless and thought they could just contrive my dismissal from the company and I'd never be aware of it as being a motivated dismisal.

Again, I have copies of the checks they paid me off the books. That doesn't seem to bode too well for them. On the other hand, I'm really not a mean-spirited guy out to hurt anyone (sadism and grandiosity runs high in the grimey world of the chimney population) but I think I'm a nice humble guy.

I have to look into it further but it appears that they are at a disadvantage. If you have a legal back ground I'd love to hear your input. Thanks.

**J-Dogg** · 08-04-2008, 04:39 PM

You are an "at will" employee, under no contract. They can terminate you for what ever reason they want.

**Mike Dura** · 08-04-2008, 04:59 PM

That's what I have to find out for sure. Nevertheless, I still have six copies of checks they paid me (off the books).

Originally Posted by J-Dogg

You are an "at will" employee, under no contract. They can terminate you for what ever reason they want.

**Tesla** · 08-04-2008, 05:03 PM

Originally Posted by J-Dogg

You are an "at will" employee, under no contract. They can terminate you for what ever reason they want.

Technically, this is correct. There really isn't anything you can do as far as the termination, however, I'm sure the IRS would be VERY interested in hearing your story. It's good that you still have copies of those checks. It seems obvious that they are trying to skirt the tax law.

**J-Dogg** · 08-04-2008, 05:12 PM

Originally Posted by Tesla

Technically, this is correct. There really isn't anything you can do as far as the termination, however, I'm sure the IRS would be VERY interested in hearing your story. It's good that you still have copies of those checks. It seems obvious that they are trying to skirt the tax law.

For 6 checks? The copies would go in a file incase anything else came up.

Audits are expensive to the IRS, they might call, or send a letter, but they are not going after someone for 6 checks.

**Mike Dura** · 08-04-2008, 06:02 PM

I think she mentioned that they were being looked at for a possible audit anyway. If they're of interest for other reasons, these 6 checks I have might not bode well for them right?

**Stock** · 08-04-2008, 06:13 PM

anominous letter or phone call to the Dept of LAbor. They might be interrested in their employment practices, like worker's comp fraud. Obviously if they are paying you under the table, they are def. not keeping up with the required insurance requirements...

**Panzerfaust** · 08-04-2008, 07:09 PM

Just go get another job that actually pays you via check or direct deposit.

**gixxerboy1** · 08-04-2008, 07:47 PM

6 checks mean nothing. they can still send you a 1099 at the end of the year and cover their ass. Also you go to the irs and start complaining they are going to look at you also for the taxes you havent paid

**daem** · 08-04-2008, 07:51 PM

Originally Posted by Mike Dura

I think she mentioned that they were being looked at for a possible audit anyway. If they're of interest for other reasons, these 6 checks I have might not bode well for them right?

Personally, I'd hire a lawyer. One hour of time should be adequate to advise you how to handle YOUR most important situation, namely the naturalization of your dear wife and how it is impacted by incomplete documentation from the former employer.

Personally, I'd do everything in my power to nail their asses to the wall with the audit they suspect is coming. If they were STUPID enough to confide that it may happen to them, in all likelihood there are other skeletons that might serve you well if you threaten to blow the whistle.

With representation, your attorney can deliver a letter of intent that they can address before the formal channels are utilized...But once again, you'd need to see what that would mean for your situation with your wife.

Let us know how it turns out...

Best,
daem

Just some more food for thought.

**glamazonprince** · 08-04-2008, 08:25 PM

i dont know if it does any good now but did you make it clear the purpose for all the info you needed-any business that is running things a little shady gets sketchy when employees start makin special requests like that-my daddy fires anyone for looking funny at the books--my mom had a similar situation with a maid who was trying to become a citizen she started wanting documention and stuff-shed been working as an illegal for 3 years and NOW she wants to get this stuff-well we had no choice but to fire her- whos gonna risk going through all the shit that that could bring down when you can replace her in 30 minutes----you basically gave them a red flagged that they could possibly can get in trouble for past stuff-they are trying to cut their ties--if your talking about govt agencies looking into employment history and stuff-employers dont like that-either start the business out on the books-all up an up or keep it off the books-100%-its hard to backtrack and cover your bases-but if i was you id call their bluff and see if you get anywhere-might get a little severance package-be a little coy but put a huge chesire cat grin on and smile and be all nice but let them know you dont get something your going to the IRS--be nice on trhe outside but firm and cold-speak direct-be a bitch is the only way i know to describe it-also dress great look intimidating--not common-look like you know what your doing-walk in-lay it out-it would be worth a few grand to me to keep the IRS out of my hair-put the checks in a safe deposit-dont keep collateral unsecured.theyll most likey be an initial shock over the money demand -give them a dead line-smile and leave-most realize its best to pay-its so much simpler-ask for what you think theyll pay plus half-then you can negotiate down to what you want-if youve got true goods on them its better to pasy you a little than lose an entire business-i used to -my 20's-target married men who were a bit femm-id get with them-a few tiimes-have a hidden cam from spy shop record one of our "meetings"-and the present him with a copy-say i wanted this and this or wifey knows--i made tonsssss all through my twenties -i was such a lost soul-im all nice and sweet and legit now-but i do miss the adrenaline rush of the game sometimes-- i was sooo baddd-i hope you get lots of moneyyyy

**gst528i** · 08-04-2008, 09:36 PM

Originally Posted by glamazonprince

i dont know if it does any good now but did you make it clear the purpose for all the info you needed-any business that is running things a little shady gets sketchy when employees start makin special requests like that-my daddy fires anyone for looking funny at the books--my mom had a similar situation with a maid who was trying to become a citizen she started wanting documention and stuff-shed been working as an illegal for 3 years and NOW she wants to get this stuff-well we had no choice but to fire her- whos gonna risk going through all the shit that that could bring down when you can replace her in 30 minutes----you basically gave them a red flagged that they could possibly can get in trouble for past stuff-they are trying to cut their ties--if your talking about govt agencies looking into employment history and stuff-employers dont like that-either start the business out on the books-all up an up or keep it off the books-100%-its hard to backtrack and cover your bases-but if i was you id call their bluff and see if you get anywhere-might get a little severance package-be a little coy but put a huge chesire cat grin on and smile and be all nice but let them know you dont get something your going to the IRS--be nice on trhe outside but firm and cold-speak direct-be a bitch is the only way i know to describe it-also dress great look intimidating--not common-look like you know what your doing-walk in-lay it out-it would be worth a few grand to me to keep the IRS out of my hair-put the checks in a safe deposit-dont keep collateral unsecured.theyll most likey be an initial shock over the money demand -give them a dead line-smile and leave-most realize its best to pay-its so much simpler-ask for what you think theyll pay plus half-then you can negotiate down to what you want-if youve got true goods on them its better to pasy you a little than lose an entire business-i used to -my 20's-target married men who were a bit femm-id get with them-a few tiimes-have a hidden cam from spy shop record one of our "meetings"-and the present him with a copy-say i wanted this and this or wifey knows--i made tonsssss all through my twenties -i was such a lost soul-im all nice and sweet and legit now-but i do miss the adrenaline rush of the game sometimes-- i was sooo baddd-i hope you get lots of moneyyyy

started to read. But than i got a headache with no sentences.

**B.E.N.** · 08-04-2008, 10:10 PM

If you are 1099'd you are not an 'employee' of the company. You are a contractor and that relationship can be terminated at will.

An employer that 1099's a contractor is not required to pay SS or unemployment insurance for that individual either.

With that said an employer cannot just decide someone is a 1099 contractor. There are laws that state who may or may not be consider a 1099 contractor. You can file a SS-8 with the IRS and let them determine whether you're an 'employee' or an 'independent contractor'.

I would suggest finding an employee lawyer to take your case on contingency. That should be your 1st step.

As far as legalizing your wife I think a new job would be best. What to you need to show for income to bring her here? Isn't it like at least $35K?

**glamazonprince** · 08-04-2008, 10:15 PM

i just do train off thought-i just type a tought out quickly- going back and punctuating after i typed out would take me forever- kisses precious-if thats your car you need to read it-might get an idea on how to make money

**gixxerboy1** · 08-04-2008, 10:21 PM

Originally Posted by glamazonprince

i just do train off thought-i just type a tought out quickly- going back and punctuating after i typed out would take me forever- kisses precious-if thats your car you need to read it-might get an idea on how to make money

then don't waste your time typing it. Nobody can or will read your 400 word run on sentence, and if you want an idea how to make money learn how to communicate clearly.

**glamazonprince** · 08-05-2008, 12:18 AM

ok would you rather i grunt ,tap my foot or just moan in incongrous manner i can also do hieroglyphs-what are you used to??its not run on -its a thought-i didnt ask you ro read-but others fell compelled to comment on--so we can drop it or continue this banter-i do love a catfight-irregardless of how unequally matched at tradfing pejorative comments my opponents might be-

PT · 08-05-2008, 03:44 AM

since they didnt screw you out of money and were nice enough to give you a job i would just forget about it and move on. they have probably already updated there books to show you being paid as a self employer or a subcontractor of the company and will probally 1099 you at the end of the year making those 6 checks 100% legal. if they did something to hurt you then i could justify this rout but since they didnt why would you want to hurt them? just forget about it and move on

**gixxerboy1** · 08-05-2008, 07:31 AM

Originally Posted by glamazonprince

ok would you rather i grunt ,tap my foot or just moan in incongrous manner i can also do hieroglyphs-what are you used to??its not run on -its a thought-i didnt ask you ro read-but others fell compelled to comment on--so we can drop it or continue this banter-i do love a catfight-irregardless of how unequally matched at tradfing pejorative comments my opponents might be-

aww aren't you cute. did you get a new thesaurus? Fine its a thought not a run on. Then learn how to articulate your thoughts.

**Panzerfaust** · 08-05-2008, 06:05 PM

Originally Posted by glamazonprince

ok would you rather i grunt ,tap my foot or just moan in incongrous manner i can also do hieroglyphs-what are you used to??its not run on -its a thought-i didnt ask you ro read-but others fell compelled to comment on--so we can drop it or continue this banter-i do love a catfight-irregardless of how unequally matched at tradfing pejorative comments my opponents might be-

I have to admit I couldn't read that steaming pile of filthy grammar you called a "thought". lol

Screw commas etc... Just give me paragraphs man. haha