Can my ex-employer send me a W2 if I was suppossedly paid off the books?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my ex-employer send me a W2 if I was suppossedly paid off the books?
I worked for a company for a couple of months last year but never signed any paperwork. They gave me personal checks and did not take taxes out; under the table work I assume. Basiclly, they didn’t tell me anything. This was a company my father hired me; that’s why all the under the table. However, now 6 or 7 months after I left, they’re calling me and asking my SSN and address to send me a W-2, yet I never signed or filled one out. They just want to claim me as a private contractor as a tax right off. Is that right?
Asked on March 23, 2017 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
There is no such thing as legal "off the books" employment: every employee or independent contractor must receive a W-2 (employee) or 1099 (contrator), which is also sent to the IRS; taxes must be paid on all wages, either by paycheck withholding or by the employee/contractor (e.g.quarterly estimated payments or when filing taxes, or both). Therefore, they appear to be belatedly trying to honor their legal obligations, which are to document and report your earnings--so yes, this is legal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.