W-2 and 1099-misc. from employer?
Hello Everyone!
I have been an employee for a construction co. for the last 6 years and they have recently fell into financial trouble. From Sept. 2008 until December 2008 the employer paid us by check without withholding the proper payroll tax... Well, guess what I received in January? You got it! A 1099-misc. with some $5,000's listed in the nonemployee compensation box. I have always been an regular fulltime employee and not a contractor.
The employer has since switched from paying us by check to all cash and still not withholding any of the payroll taxes. That's when we get paid because we have gone up to 5 weeks without getting paid. Also, he has been promising to pay these back taxes since September but I don't see that happening.
Besides finding a new job (which is in the works), how should I handle this 1099-misc. since he's responsible for it? Can I just not file it? To this date, He's still promising to pay but I don't see it happening.
By the way.. I also received a W-2 and boy is Turbo tax confused!
Thanks in advance!