Celebrating 10 years! 2007-2017

1099 employee

A couple of the legal assistants were discussing my supervis fettywap04/03/17
"How could she possibly be a 1099 employee?" She's not. T jefferson04/03/17
He didn't actually give her a 1099 either. I guess he figure fettywap04/03/17
They go along with it because they have very little leverage onehell04/03/17
This is not her job. She's a legal assistant at my firm. I d fettywap04/03/17
"She does this part-time for my supervisor outside of her jo onehell04/03/17
He probably knows she works for him. I just doubt the owner fettywap04/03/17
Sounds like you want to report your supervisor to the firm o isthisit04/04/17
I do. I probably will. It's not quite time yet. fettywap04/04/17
10/10 isthisit04/04/17
I have reported an attorney for not paying worker's comp on fettywap04/04/17
I found out today he doesn't even pay her wages. He just giv fettywap04/12/17
Is her only compensation from him the apartment? triplesix04/12/17
Yes. She said that's all he "pays" her is the free apartment fettywap04/12/17
So like, she got free rent and no money and he's sending her joecoder04/12/17
Yes that's correct. She also says he only pays her per job. fettywap04/12/17
https://www.irs.gov/publications/p1 5b/ar02.html#en_US_2017_p joecoder04/13/17
I know. She gets probably a $500 a month apartment that he's fettywap04/13/17
Well, she has a salary as a legal assistant and a free place wolfman04/12/17
Don't pull yourself into other people's nonsense out of hate adamb04/13/17
Yes, but he messes with me too. I don't know where he gets o fettywap04/13/17

fettywap (Apr 3, 2017 - 7:51 pm)

A couple of the legal assistants were discussing my supervisor today and I overheard some of it. He owns an apartment building and he uses her to help run it. Apparently she just found out today that he's planning to 1099 her, although he hasn't even given her a 1099. She does things like run tenant applications and accept payments. They sit in his office for hours and he tells her how to do everything and she has to get everything approved by him. How could she possibly be a 1099 employee? Also, shouldn't he be paying worker's comp on her? I swear I hate this man and I don't know why the women at work go along with his crap.

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jefferson (Apr 3, 2017 - 8:44 pm)

"How could she possibly be a 1099 employee?"

She's not. This is just how a lot of small businesses do business.

Since he's giving her a 1099, she should be liberal with her business deductions.

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fettywap (Apr 3, 2017 - 8:46 pm)

He didn't actually give her a 1099 either. I guess he figured up what he paid her and told her she would be a 1099. I don't know why she's just figuring this out. They went outside to smoke and discuss it some more once they saw me listening to them.

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onehell (Apr 3, 2017 - 8:45 pm)

They go along with it because they have very little leverage, at least in the short term, and if you live paycheck to paycheck the short term is all that matters.. She could report him to the IRS for misclassification, using this form:

https://www.irs.gov/pub/irs-pdf/fss8.pdf

But of course, he would probably just fire her if she did. And yes, that'd be retaliation but so what? Even if she found someone to take her wrongful discharge case, it would be months or years before she sees any relief. And if he doesn't have employment practices liability insurance coverage (or if the insurer has a reason to disclaim, e.g. because he never disclosed the existence of the contractor to the carrier), collecting on a judgment (if she got one) would be more months or years, if it ever came to fruition at all.

Simply put, most people don't contest employer actions unless they've got nothing to lose, e.g. because they've already been canned or found another job anyway, because most people can't live with no income for months or years while a case winds its way through the system, nor do they want a bad reference.

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fettywap (Apr 3, 2017 - 8:48 pm)

This is not her job. She's a legal assistant at my firm. I don't even know if the owner of the firm knows they're running this business on his premises. She does this part-time for my supervisor outside of her job for extra money.

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onehell (Apr 3, 2017 - 8:53 pm)

"She does this part-time for my supervisor outside of her job for extra money."

Well then, if both the supervisor and she are covering up the existence of this side gig, it sounds like she has all the more incentive not to question it. Mutually-assured destruction if the firm found out about it, so to speak. I can't imagine the firm would like the idea of two employees fighting with each other about some side deal they made in secret - it could get them both canned.

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fettywap (Apr 3, 2017 - 9:14 pm)

He probably knows she works for him. I just doubt the owner of the firm knows how they sit in his office during the day and run his apartment business when they're supposed to be working. I don't know. I'm wondering if anything could get my supervisor fired.

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isthisit (Apr 4, 2017 - 1:40 am)

Sounds like you want to report your supervisor to the firm owner but don't have the testicular fortitude to do it.

Either report him or don't. You can do it directly or anonymously (if reasonable).

What more is there to discuss?

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fettywap (Apr 4, 2017 - 9:26 am)

I do. I probably will. It's not quite time yet.

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isthisit (Apr 4, 2017 - 9:36 am)

10/10

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fettywap (Apr 4, 2017 - 10:28 am)

I have reported an attorney for not paying worker's comp on his secretary before. He had to pay a fine. Can't do that anonymously though.

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fettywap (Apr 12, 2017 - 9:43 pm)

I found out today he doesn't even pay her wages. He just gives her one of his crappy apartments that he probably couldn't rent anyway for free. She doesn't really have any business deductions because he provides all the supplies for her. She was in the office today about to cry, because I guess she and her boyfriend both worked all year not knowing they were going to get 1099s. I told her to report him and she refused.

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triplesix (Apr 12, 2017 - 10:01 pm)

Is her only compensation from him the apartment?

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fettywap (Apr 12, 2017 - 10:15 pm)

Yes. She said that's all he "pays" her is the free apartment. Her boyfriend does maintenance and gets paid in money, but she does not.
Seems like this practice is a quick way to get audited if he's reporting 3 1099 workers and no employees for an apartment community.

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joecoder (Apr 12, 2017 - 10:33 pm)

So like, she got free rent and no money and he's sending her a 1099 in the amount of the rent that she'll now or taxes in?

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fettywap (Apr 12, 2017 - 10:45 pm)

Yes that's correct. She also says he only pays her per job. Not sure what that means. I guess if she rents an apartment, he'll credit her a set amount. If she cleans an apartment, he'll credit her a set amount toward her apartment. So he's violating state wage laws too.

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joecoder (Apr 13, 2017 - 7:14 am)

https://www.irs.gov/publications/p15b/ar02.html#en_US_2017_publink1000193699

The rent doesn't even sound like taxable income. What a creep.

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fettywap (Apr 13, 2017 - 9:17 am)

I know. She gets probably a $500 a month apartment that he's trying to make her pay self-employment taxes on. That doesn't sound like a fair wage at all. It's a terrible thing to do to a subordinate employee at your job.

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wolfman (Apr 12, 2017 - 10:46 pm)

Well, she has a salary as a legal assistant and a free place to live, while her boyfriend, who I presume also has a free place to live if they live together, gets paid for odd jobs... now they'll owe taxes on the free rent (including SS and Medicaid, I assume... that sounds pretty shady to me), but still doesn't seem like the worst deal ever... and I suspect a lot of small apartment buildings and such only have contractors and no employees
(unless they just straight up pay illegals cash under the table - but that's more restaurants where it's easier to hide income).

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adamb (Apr 13, 2017 - 7:40 am)

Don't pull yourself into other people's nonsense out of hate even if they are a piece of sh!t.

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fettywap (Apr 13, 2017 - 9:18 am)

Yes, but he messes with me too. I don't know where he gets off thinking he was appointed to abuse everyone in this office. Former lawyer here recently got suspended for not paying employment taxes on his assistant.

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