Fired due to complications of co. 1099'ing me

**Mike Dura** · 08-08-2008, 01:37 PM

In another thread, I talked about this problem. I requested to be 1099'ed from a chimney company for the purpose of naturalizing my undocumented wife and they agreed. They cut me 6 checks and I copied each. Each check had the company name at the top and "1099-mason" written in the memo at the bottom of the check. They apparently made me look like I was independantly contracted by them as a mason (although I was actually under their employ).

I then requested a note stating my position there, salary, and start date. They initially agreed and then started acting shady about getting this to me and they eventually fired me. It's become clear that this endeavor would have likely opened them to exposure for tax misconduct and instead of just talking with me they contrived reasons to terminate me and just played games with me.

With some research I found that there was a task for created through the NYS department of labor and they are really going after employee misclassification (e.g., making someone look like they were independantly contracted as opposed to being under the complany's employ).

You see, companies get away with, among other things, not paying social security, insurance, sick leave, overtime, workmen's comp, various taxes by 1099'ing employees. So 1099 is under considerable scrutiny through this inter-agency initiative.

It appears that I'm in the position to really screw them if I wanted to. If I appear to be an independant contracter for them, I'd have to be insured or they'd be liable for hiring an uninsured indep. contractor. There are other possible angles for triggering an audit as well.

Personally, I feel uncomfortable with this whole thing. They seemed to have had good intentions by trying to help me with the 1099. On the other hand, my dismisal was done in an indirect, arrogant and most shady fashion. If anyone has an informed and hopefully interesting oppinion on this situation, I'd love to hear.

**mex83** · 08-08-2008, 01:55 PM

You should go to the latino community programs where they help immigrants... being that your wife is and immigrant they would give you support and advise and even aid you in finding a lawyer......

I really dont know what 1099 is but basicly it sounds like you were getting paid under the table right? But if you are legal in the country then why would you need to get paid like this? I dont under stand.

**gixxerboy1** · 08-08-2008, 01:56 PM

think what backlash this can cause you. You havent paid taxes on what you were making. So this can and im sure will lead to an investgation on you.

**mex83** · 08-08-2008, 02:05 PM

Originally Posted by gixxerboy1

think what backlash this can cause you. You havent paid taxes on what you were making. So this can and im sure will lead to an investgation on you.

I second that with Gixxer-Locs Uncle Sam is an ass.... I did my taxes and claim head of household with I am.... they charged me just because in the lease agreement it shows my mom in the contract and not me.... even though I am the one taking care of my mother and even sent them a letter from the Social Security stating that....

**Skully44420** · 08-08-2008, 02:30 PM

i got 1099'd before...it sucks...i never realized how shitty it was working under the table till tax time came...

**Mike Dura** · 08-08-2008, 02:49 PM

Me get in trouble? They'd go after the bigger fish and because I'm dropping the dime, they don't investigate me.

**mex83** · 08-08-2008, 02:56 PM

Then go for it.

**Panzerfaust** · 08-08-2008, 02:59 PM

Get over it for gods sake...its not their fault you have an illegal wife. One thread was enough..shit man. Seriously, move on and focus on getting your wife legalised. Thats more important to you than screwing with some company. Right?

PT · 08-08-2008, 02:59 PM

if they went after him you would definatly be in there investigation as well since you wernt claiming that money and you would be paying all the taxes on it plus interest. sure he would go down as well if they had a case on him or if he was to dumb to hide it but your going down to. what are you going to do, call the irs and tell them that someone paid you under the table for a few months? the investigation starts with you bro

**gixxerboy1** · 08-08-2008, 03:47 PM

Originally Posted by PT

if they went after him you would definatly be in there investigation as well since you wernt claiming that money and you would be paying all the taxes on it plus interest. sure he would go down as well if they had a case on him or if he was to dumb to hide it but your going down to. what are you going to do, call the irs and tell them that someone paid you under the table for a few months? the investigation starts with you bro

I agree. I dont see them not going after you for what you legally owe becasue you blew the wistle on him. THey might not prosecute you but you will pay what you owe

**10nispro** · 08-08-2008, 04:14 PM

There is a guy my brother does mill-righting with(they shut down nuclear plants for maintenance) and he sent his SS# to the IRS and a letter stating that he know longer wanted it and would not ask for gov't assisstance. There a law or statute where you can do this, but I don't know it. He hasn't paid taxes in 8 yrs. Makes a butt load of money.

**Mike Dura** · 08-08-2008, 05:49 PM

If one thread was enough, why did you come into this thread. Obviously, one thread wasn't enough for you! You keep coming back for more! And from what you say, about "it's not their fault you have an illegal wife," it sounds to me that you're not even catching onto the essentials of the topic. My advice: Keep with the simpler topics. You're out of your depths son.

Originally Posted by muriloninja

Get over it for gods sake...its not their fault you have an illegal wife. One thread was enough..shit man. Seriously, move on and focus on getting your wife legalised. Thats more important to you than screwing with some company. Right?

**Panzerfaust** · 08-08-2008, 10:43 PM

Originally Posted by Mike Dura

If one thread was enough, why did you come into this thread. Obviously, one thread wasn't enough for you! You keep coming back for more! And from what you say, about "it's not their fault you have an illegal wife," it sounds to me that you're not even catching onto the essentials of the topic. My advice: Keep with the simpler topics. You're out of your depths son.

Yeah, I think you might be right here. Illegals and all..not my cup of tea. Go ahead do what you want..makes no difference to me.

**CSAR** · 08-08-2008, 11:33 PM

Essentials of the topic:
1. You clean chimneys like that dude from the Mary Poppins movie.
2. You were or weren't an actual company employee (you've confused us all).
3. Your wife is an illegal immigrant, because you couldn't be bothered with the process of legal immigration.
4. You were fired.
5. You want to make a bad situation worse and try to get back at your former "employer", which could put you and your illegal immigrant wife under the microscope.
6. You enjoy learning things the hard way and are doomed to repeat your mistakes, because doing things right the first time requires patience and diligence, which you seem to lack.

Is that about right?

I say keep doing what you're doing!

**Amorphic** · 08-08-2008, 11:40 PM

Originally Posted by gixxerboy1

think what backlash this can cause you. You havent paid taxes on what you were making. So this can and im sure will lead to an investgation on you.

agreed. it might be best to just let this one go.

**B4ckfire479** · 08-09-2008, 11:18 AM

Working "under the table" is a very risky proposition indeed. If you work as a subcontractor you ARE responsible for your own taxes. So in OP's case its a very risky move to make. Its understandable he's trying to get his immigrant wife documented, but as an independent subcontractor, its hard to shake off the perception that independents are slackers and not paying taxes.

Note to OP: You have tax returns that document what you paid in taxes and that accurately reflect your employment status?

**Mike Dura** · 08-09-2008, 12:25 PM

You're one ignorant kid.

Originally Posted by muriloninja

Yeah, I think you might be right here. Illegals and all..not my cup of tea. Go ahead do what you want..makes no difference to me.

**Mike Dura** · 08-09-2008, 12:41 PM

Lol. You're wrong but you gave it a shot. I made it clear that I was employed (vs. independently contracted). How did you miss that? If you had the patience and dilegence to read carefully, you would have caught that one. In fact, that's one of the main points.

Who says I want to get back at my employer? I haven't decided on that yet. I'm just in the process of coming to understand the legal aspects of the situation (and definately barking up the wrong tree by putting out a feeler on a steroid website).

You say that "I can't be bothered legalizing my wife?" Why else would I have requested the 1099 and the company note stating, start date, salary, position? Legalizing my wife was the reason I requested these things and this unfortunately, led to the complications that resulted in my dismissal. Again, follow your own advice and take the time to do things right (e.g., understand what I'm saying) by reading patiently and dilegently before you shoot your mouth off and reveal poor reading comprehension. I'll give you credit though. You comprehend that I was fired. You don't come across as very clear-headed.

Originally Posted by CSAR

Essentials of the topic:
1. You clean chimneys like that dude from the Mary Poppins movie.
2. You were or weren't an actual company employee (you've confused us all).
3. Your wife is an illegal immigrant, because you couldn't be bothered with the process of legal immigration.
4. You were fired.
5. You want to make a bad situation worse and try to get back at your former "employer", which could put you and your illegal immigrant wife under the microscope.
6. You enjoy learning things the hard way and are doomed to repeat your mistakes, because doing things right the first time requires patience and diligence, which you seem to lack.

Is that about right?

I say keep doing what you're doing!

**Mike Dura** · 08-09-2008, 12:45 PM

I think you're missing the point. I WANT to pay taxes! That's why I tried to 1099. The perception that 1099'ers are slackers is off the mark (unless you are referring to the employers). This thread is about an employee

Originally Posted by B4ckfire479

Working "under the table" is a very risky proposition indeed. If you work as a subcontractor you ARE responsible for your own taxes. So in OP's case its a very risky move to make. Its understandable he's trying to get his immigrant wife documented, but as an independent subcontractor, its hard to shake off the perception that independents are slackers and not paying taxes.

Note to OP: You have tax returns that document what you paid in taxes and that accurately reflect your employment status?

**Mike Dura** · 08-09-2008, 12:47 PM

Anyone with a clue out there?

**Mike Dura** · 08-09-2008, 12:52 PM

Good point. I would never do anything in haste. I'm going to talk to a number of lawyers and CPA's before I do anything. I also have to let my anger cool before I do anything. I'd like to think my ultimate decision is based on principle.

Originally Posted by gixxerboy1

think what backlash this can cause you. You havent paid taxes on what you were making. So this can and im sure will lead to an investgation on you.

**Panzerfaust** · 08-09-2008, 01:28 PM

Originally Posted by CSAR

Essentials of the topic:
1. You clean chimneys like that dude from the Mary Poppins movie.
2. You were or weren't an actual company employee (you've confused us all).
3. Your wife is an illegal immigrant, because you couldn't be bothered with the process of legal immigration.
4. You were fired.
5. You want to make a bad situation worse and try to get back at your former "employer", which could put you and your illegal immigrant wife under the microscope.
6. You enjoy learning things the hard way and are doomed to repeat your mistakes, because doing things right the first time requires patience and diligence, which you seem to lack.

Is that about right?

I say keep doing what you're doing!

If only I was as articulate as you sir. Well put!

I'm ignorant MD? Aren't you the Craiglist lover around here? I'm busting your balls because you know you need to drop this shit and let it go. Suck it up and move on...

**Mike Dura** · 08-09-2008, 01:46 PM

How does being into CL two years ago relate to ignorance?

And yes, the kid that is in your judgement "articulate" was well expressed in communicating his misreading of my thread.

Originally Posted by muriloninja

If only I was as articulate as you sir. Well put!

I'm ignorant MD? Aren't you the Craiglist lover around here? I'm busting your balls because you know you need to drop this shit and let it go. Suck it up and move on...

**Mike Dura** · 08-09-2008, 01:56 PM

No need to take pot shots or to get judgemental with me behind the safety of anonymity. That's cowardly. Moreover, I'm being candid here and I'm exposing a sensitive situation. No need to get all crude and self-rightous. BE A MAN - NOT AN OGRE!

Just respond if you're willing to take the time to UNDERSTAND first (I write very clearly), and empathize second.

Fair to say, "I'd move on if I were you." I have already but any ultimate decision to blow the whistle occurs irrespective of this fact. I'm not a big fan of "turning the other cheek" but I don't act in haste either.