I was hired as a Director for a Daycare Center. I didn't know that taxes wasn't going to be taken out of my check. It was my understanding after reading about 1099 (contracting) that if you use the employer's property, is told what your hours are and haven't agreed or signed an contract on length of work assignment you are actually an employee. I've spoken to my boss about taking taxes out. She says it will happen soon. Didn't get my 1099 yet and the deadline for submitting taxes is this month. There are a lot of other things going on that shouldn't be. Is there a deadline for paying into Social Security and other benefits. It was never agreed that I would be considered a contractor. I just need to know my rights.

Where did you get your info on what constitutes a 1099 employee? It is not correct.

If you haven't been a 1099 your employer has committed fraud by not taking out taxes as they were due. How does your employer intend to post/pay taxes for 2012 now that the year is over and the tax documents have been furnished to the Government.

If you don't have the 1099 simply declare what you have been paid without the 1099.

As far as a "lot of things going on that shouldn't be"... did you report these things before the argument/discussion about being a 1099 employee? Did you tell her every period that you are not a 1099 but thought you were a W2 employee?

I don't know how you'll explain that you were hired at a dollar amount and paid and didn't realize taxes were not being taken out.