okay - this is what confuses me

Posted By: Charlene on 2007-10-06
In Reply to: Where is MTs responsibility in this? Is it always - someone else's fault? nm

When you go to work for any company you are required by law to fill out a withholding statement for your taxes. They give it to you as part of your employee paperwork. If you never fill that out and instead receive a 1099 stating your compensation without any taxes withheld and then took deductions as an IC, then how could you consider yourself an employee if taxes were not withheld during the year? Being classified as an employee is not just a matter of working certain hours, using their equipment, etc., you can do all those things and still be IC if the company does not withhold taxes. It is how you and the company declare your tax situation that determines your status. I guess I am missing part of the story because I can't understand how you could work for years and not know that you were not an employee. Surely the company had to give you some statement of your earnings?? You would know right away based on the info you filled out when you were first hired if you were considered an employee. Plus if you considered yourself an employee why would you take deductions as an IC. Unless a company falsified and sent out FAKE W2 when in fact the person really should have received a 1099. In that case I can understand being victimized. Other than that, I cannot follow the story...

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Need help with former IC vs Employee issue - OldFLMT
- You chose IC status. Your responsibility. nm - elaineS
- What I am wondering is how were you able to file your taxes without a W2 or a 1099 if you took deduc - Charlene
- Can of worms?? - Patti
- At the end of the year did you get a 1099 or a W2 - Charlene
- it seems to me - sm
  - Where is MTs responsibility in this? Is it always - someone else's fault? nm
    - okay - this is what confuses me - Charlene
      - OP knew she was IC. Just feels bad cause now found out all - others were empl. and she was never told she was o
        she was never told she was only IC. - She thinks they were "using" her. nm
- Good example how MT assumes co. is looking - out for best interest of MT. SM
  - Also why you should insist on having a contract. - sm
- You worked, they paid. You took deductions. - Nothing illegal here. Check next time. nm
  - Not so sure... - KatieSue
    - oops.. Wasn't "there" a major lawsuit :) - KatieSue
      - Find us the details of this lawsuit. - nm
        IC vs Employee lawsuit - margi
        IC vs Employee - margi
        details.. - KatieSue
        Thanks - nm
    - She worked all those years with no complaint. - How is that co. fault? nm
      - I repeat....... - KatieSue
- You were happy with them til now. Not their - prob you didn't check this prior. nm

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