i got a 1099 from my employer for working caterings. some are off site of the restaurant i work in and some are weddings in the restaurant. i am a full time waiter/bartender in the restaurant is it legal for her to 1099 me when i am her employee?
thanks,
mark R

Fr_Chuck

So what are they doing, showing your restaurant work as an employee, but instead of paying overtime for caterings, showingit as a seperate business and paying you as a contract employee for that.

What they are doing then is paying you a cash amount for the caterings, and not holding taxes out,

Is this a good summary ??

Mobea

This link will answer all of your questions
Publication 15 (1/2007), (Circular E), Employer's Tax Guide

markrees

that is exactly what they are doing. who do i contact to report this. my employer has cheated many people by doing this some who are good friends of mine who don't know what to do either.

Mobea

The quickest way to report this is to your local unemployement office, state workforce commission, labor board....What ever they call it in your state. They will handle the situation promptly. The state and the IRS do not like it when employers try to get out of paying employee taxes by claiming employees as contract labor. There are very hefty consequences for such actions.

AtlantaTaxExpert

Agreed. Failing all else, a phone call to the abuse line of the IRS will get some response, guaranteed!