I've been working for a small local contractor in CA over a year. I'm an employee and was getting paid with business check via paychex bi-weekly. Starting this year it was a struggle for the business. My payroll was delayed to a point of 4 months. I was trying to be understanding in these hard times. My employer was always delaying my payment. I received only 3 deposits in 7 months. I asked my employer if he was paying the taxes for my payroll, said he'll sort it out (I haven't received any paystubs). Two months ago he told me he can't pay me anymore, let me go and said he'll pay the remaining payments montly. I didn't receive anything since. Last week I called, he said that he let the remaining workers go, sold trucks and equipment. Pretty much shutting down. I asked about my payments, he said he can't pay his own bills and will send me a 1099 for the net pay checks he deposited into my account. I asked him to call paychex, report my hours and pay my taxes but he refused to do so. He still owes me a couple months and basically wants me to pay taxes for the net pays I received if I were an individual contractor. What can I do in this situation?
TL;DR: Employer owes me a couple months of payroll and wants me to pay 1099 over the W2 payments he deposited into my account (I'm his employee with a W4).
Submitted September 16, 2021 at 12:40AM by mandbeyn https://ift.tt/3EjNB2i
