On going battle of my last paycheck

[tskoffina]

I finally got my final paychecks from my last job, which ended in November. My old boss decided to change me to to a 1099 instead of a W2. I only made about $1000, so not really sure if it matters. So he was supposed to refund all my tax deductions, they were the only things taken out, and pay me for my last 2 weeks and months comission. He didn't pay me half of my taxes back, based on the break down it's not from SSI or Medicare, just the first 2 paychecks worth of taxes, or the commission. He sent a letter in with the checks saying that by cashing the checks I'm releasing him from any other financial obligations, and considering my contract closed. Does anyone know if he can do this? Is there anything other than holding on to the checks and suing him to get the rest of my money? Grrrr. So frustrating.

 

[Rickman]

Enough of this crook! Take the checks and have them copied and notarized, along with the note he sent. Take the originals to his bank, and cash them. Then go back to him, show him the copies [might make 2] and tell him they're going to the I.R.S unless he pays you the balance he owes you, in cash! Show him your figures on how you arrived at that sum, and if he says no - walk out the door and do just that - you've got it in writing - he's caught!
They have a "whistleblower" division at the I.R.S. that will give you up to 30% of what they recover, and I'll bet your not the only one he's done this to, as otherwise how would he know how to do it? You don't have to give your name to report him, so I'd do it anyway, after getting my money!

 

[HedgeMom]

Don't take the balance. Talk to an accountant. Legally, you aren't 1099-able. There are very strict IRS laws governing who can be 1099 and who can be w-2.

Because he set your hours, because you worked at his schedule and at his place and you were not in a position to refuse his hours, you were not a contract employee.

 

[FurryAnimalsOhMy]

I would definitely recommend going back to him. You weren't a 1099. Did you fill out a W-4 in the beginning of your career with him? I agree with HM...

 

[tskoffina]

I filled out 3-4 w4's, he kept loosing them. It took 5 or 6 tries to get every paycheck right. Sometimes he took taxes, other times he didn't and said he would make up next time. It's not even THAT much money, like $150, but the principle. I don't like confrontation, but I may just have to deal anyway, because I don't like what he did. When I send in my tax stuff, won't the IRS know? I don't want to hold up my refund, it's my new-used car money. Grrrr. I remember dealing with the problem of contract employees when I worked for a city and we got fined, I wish I remember more. He wants me to have any further dealings with his CPA or attorney. I may call them tomorrow.