Layed OFF??????

Tintmaster08 · March 30, 2009

I was working for this Tint shop for almost a year and a half now, without any signed contract. The guy told me what time I had to be at work, and what time I could leave. Now tax time is here and I wanted to get some type of finacial statement from this guy to fill my taxes, he tells me that he is not responsible for that, I am. So I tell him I will call the IRS and see what it is that I need to do, and he we got into a little argument over it because he was disrespecting me telling me to shut up I didn't know what I was talking about, and to use Common sense about calling the IRS, because I would only screw myself. My question to you guys is this. Am I wrong for reporting this man to the IRS, for treating me like an employee, and only paying me 30% commission with no minimum. This is the second time he has layed me off for longer than a month. I just want what would have been given to me through unemployment, which is roughly around 7000 dollars. Should I sue him? I need some real heart to heart advice here?

TTS · March 30, 2009

You think unemployment will pay 7000 a month ???

Customtinting · March 30, 2009

Let me get this right. You work for the guy for a while and get a paycheck every week. You receive it, cash it, yet never notice whether or not he has deducted taxes....................hmmmmm. now that he has laid you off, you are looking for unemployment. Truth be told, if you never plan on working for him again, you can report him to your states tax department and labor board and the IRS. If you are given a work schedule that you must follow (ie. 9 to 5 mon thru Fri) then you can no longer be considered a contractor responsible for your own taxes. Once he put you on this schedule, you are an employee and he must treat you as such. Report him to the proper authorities, but be prepared. If he never took any monies out of your check for taxes, you will be liable to pay them. That could be up to 30% of what you have made. Once you do all this, you will be looking for somewhere else to go back to work at also.

Good Luck!!!

Tint Artist · March 30, 2009

Let me get this right. You work for the guy for a while and get a paycheck every week. You receive it, cash it, yet never notice whether or not he has deducted taxes....................hmmmmm. now that he has laid you off, you are looking for unemployment. Truth be told, if you never plan on working for him again, you can report him to your states tax department and labor board and the IRS. If you are given a work schedule that you must follow (ie. 9 to 5 mon thru Fri) then you can no longer be considered a contractor responsible for your own taxes. Once he put you on this schedule, you are an employee and he must treat you as such. Report him to the proper authorities, but be prepared. If he never took any monies out of your check for taxes, you will be liable to pay them. That could be up to 30% of what you have made. Once you do all this, you will be looking for somewhere else to go back to work at also.
Good Luck!!!

It's a bridge that will stay burned!! :headbang

bjhilburn · March 30, 2009

Yea, if taxes were not taken out of your check AND you didnt claim that $$$ that you made... then youll probably only screw yourself more if you do something about it. Back taxes can be bad. For starters you will have to show what you made in order for them the calculate your unemployment and then they will know how much money you ow the IRS! and a FYI, $7000 for unemployment Here the monthly cap is around $1000-$1200 I think.

I_tint_TN · March 30, 2009

best thing you can do is leave it alone. How do you not know if your getting taxes taken out? If you pursue this you will wind up hurting yourself more in the long run. Nothing personal, but there are two sides to every story. I would be very interested in your ex boss's perspective. just my

TintJunkie · March 30, 2009

From the way you explained it, you are a hired contractor and YOU are responsible for knowing what you made, not him. He has a record, sure, but it benefits him for his tax purposes. If you were never given (I cant remember what its called, I havent worked for someone in a while (W2/W9)) a form that you state your filing status, then you are a contractor. He paid you cash? If not he paid with a check with no taxes taken out. You are the one who is responsible for your earnings. The IRS will side with him, and why would you call them anyway? They are a bunch of crooks anyhow. I think your boss is correct. :spit

Tintmaster08 · March 30, 2009

Ok, maybe I didn't explain the situation properly, so let me try this again. I started working for this guy back in 12/17/2007, he came down to the detail/rim/and tint shop that I ran for almost three years looking for a window tinter. He offered the job and I accepted it, because he was offering more money than the guy I was currently working for. He asked if I wanted to be an employee, or contractor? I chose employee because of how I got screwed in the past with the other shop. He said that he would get back with me on how to start this process, and he never did. Well back in Feb of this year I was telling him that I need A 1099 from him to file my taxes, and he stated that he did not have to give me that info. Well being that I am not stupid when it comes to running a business, I told him that I would just file a paper return using a substitute W2 until he gives me one, and he didn't like me telling him something that he didn't know since he is retired CSM of the military. So he decides to tell me that I can go home and that he will call me when he needs me. This is the second time I have been layed off in one year for longer than 30 days. I dont care about paying any unpaid taxes, I just want this guy to get what he deserves for screwing his employees. He tells me what time to come to work, makes me stay over past 5, in which I don't mind, supplies all the tint, tools, and customers. The customers pay him and not me. The IRS sent me this SS-8 form to fill out to determine if I was an independent contractor or not, and clearly the form states in black and white that I am an employee because of these conditions. My hole thing is this if you wanted me to be an independent contractor then give me a contract, if I am an employee then take out my taxes. I am either a contractor or employee, not both. It's not just me it's another employee also. He has been beating us in the pocket since we have been working for this guy. Example: how is 30% of 179.00 come out to be 33.50 cents? It don't add up. Pay me what you say you are going to pay me don't pencil beat me, if I am trusting you with my money. I can do accounting!

Tintmaster08 · March 30, 2009

You think unemployment will pay 7000 a month ???

No that is how much money I have missed since I have been so called layed off! unemployment is 341 a week, and I have been layed off a total of 15.4 wks, that's 77 working days 5251 is the actual total.