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I worked at a broker/dealer for almost two years as an assistant to a financial consultant. I started as a part-time employee while I was finishing school and I was paid an hourly rate as a 1099 employee. I was offered a full-time position, which I accepted since it was tough to find a job right out of college. Even though I was supposedly making a salary, I was not offered any benefits since I was still under my parents plan and continued as a 1099 employee because it was more cost efficient to my boss. In lieu of a check, I would receive payment via bank to bank transfer (since his "business" account and my bank were the same). Although I had an inkling that I should've received a payroll and W-2, I was naive and I was comfortable working there. During my period of employment, I was not paid on time almost 80% of the time or sometimes it would be a partial paycheck. My boss cited his personal issues (wedding, buying a house, etc.) as to why he wasn't able to pay me and I was understanding because he reassured me that he was apologetic and appreciated everything that I did for him.
I obtained another employment offer where I would receive a W-2, direct deposit and benefits. I placed my two weeks and my boss attempted to counter, but I denied it and I completed my two weeks. I thought everything was OK before I left and he told me to remind him about my final paycheck, which was a partial amount since I only worked for a portion of the pay period.
My issues are:
1) I did NOT receive a 1099 for this year, although it was outlined in my offer letter that I would receive one by the first quarter of the year. I was reading that employers should give it to you by the end of February at the latest.
2) I have NOT received my final paycheck. He said that it was mailed out last Wednesday and he wanted to provide me with a check to settle our books and how it should arrive by Friday at the latest. I only live 20 minutes away from my previous employer and typically the turnaround for mail within the area is 1 day. (I spoke to an employee at USPS when I dropped off a package last week) It's been 5 days.
3) I confronted him today about not receiving my paycheck and why he did not add delivery confirmation or a tracking number (since it was a significant amount) when he typically does that when mailing out important items for his business. He said he didn't appreciate that I was speaking to him like a child and said that there were things that I did and said behind his back but he didn't want to mention it. (The only things that I've said behind his back was confiding my coworkers about not being paid on time and the things that I've supposedly done was use the printer for personal and school items, use his office to make a personal phone call from my cell phone when he wasn't there, and go to interviews during my lunch break) I'm pretty sure he said that to threaten me because if I wasn't a good employee, I wouldn't be approached by other financial consultants to work for them. (Being the loyal person I was, I stayed with my boss)
4) I'm going through a security clearance for my current job and I feel like my ex-boss will badmouth me due to today's situation. I also don't know if I should report him to the IRS for not giving me my 1099 as well as to his boss for not paying me because I don't want anything worse to happen during my security clearance since my current job is more important to me.
What should I do in terms of not receiving my final paycheck and 1099?
They would guide you in the lawful direction about how to proceed with your issues. Under law I think they have a certain amount of time to pay you your last check and the 1099. Check with your states' laws for those lawful time periods. I would not confront him on the matter anymore, if you do, do it in writing (email). Good luck.
they can advise you on how to get your 1099 and paycheck if it doesnt come in the mail pronto. i would guess they would tell you they could write a letter or sue but probably wont advise to do that until AFTER you get the new job. you shouldnt be making these decisions on your own though, in my opinion.
they can advise you on how to get your 1099 and paycheck if it doesnt come in the mail pronto. i would guess they would tell you they could write a letter or sue but probably wont advise to do that until AFTER you get the new job. you shouldnt be making these decisions on your own though, in my opinion.
I've already started a new job as of 3 weeks ago. I'm just waiting on my security clearance to go through, so I feel like if I hire a lawyer or report him to the IRS or his manager, it will pose some issues for my background investigation since they interview your past employers (for those that you've had employment with for more than 6 months).
I highly doubt he will bad mouth you to clearance investigators. He has as much to lose if not more. As long as you declare your taxes you are fine. They might not actually talk to him. And it really doesn't matter, for security clearance they are looking for really bad stuff, I dont think him being a little angry will ruin the investigation.
Also remember that just because you didn't get end of year statements (from what I gleaned from skimming your post), that doesn't excuse your tax obligations to the IRS and your state (if applicable). File for an extension NOW if you haven't filed your taxes already, and the IRS does have FAQs for your situation. Good luck.
Very crooked indeed. You definately should have been paid W2 instead he stuck you with the employer portion of Social Sec and Medicare and extra 7.55 in taxes. Also not paying you is a serious violation. I would contact him and tell him if your final check is not in your hands promptly you are going to the DOL. Also consider filing form SS-8 and amending your taxes for the past 2 years and getting your 7.5% back.
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