Employment Law/work


I am a bartender and my boss considers me as a subcontractor so I asked him for a 1099 and he said he can't provide one for me to do my taxes so now I don't know how to go about doing them.
I was hoping you could give me an answer..

Thank you

Cathy - You do not qualify as an independent contractor, you are an employee.  Your boss is in violation of the law by treating you as an independent contractor.  You could address this issue by contacting your state or the federal Labor Department.  If you do not want to deal with this problem right now, there is a form the IRS has that allows you to estimate your wages for the year and use it in lieu of the 1099.  Call the IRS office and ask them to send you a copy of form 4852 or print one out from http://www.irs.gov/pub/irs-pdf/f4852.pdf.  

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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