Unemployment Claim Filed Against Ind. Agent From Temp Worker
- Thread starter DFW
- Start date
- 11,995
Did you w2 her out 1099. Another great reason to have 1099 contractors instead of w2 employees.
I would recommend you keep your political opinions out of this. Unemployment claims are handled by the state of Texas, not by Federal government. You also need legal advice on how to represent yourself at the hearing. Sorry no one can give you that here. Every state has its own rules for unemployment insurance claim process. A good lawyer will look at the facts and give you legal advice. Make sure you disclose all the job details she was doing. If she were filling out life applications and she was not licensed, you could get into a lot trouble if she brings this up in hearing. Once again, you should get a lawyer. It is part of running a business.
- 4,132
Really creates less respect towards you when you cite the president as fault for your situation.
You may not get hosed at all, or you may depending on how you ran this set up. Did you follow Texas state laws as it applies to employees? Or were you off the cuff with things like any employer taxes due for this employee while she worked?
If you followed the law, you have little to worry about as you followed the law. If you felt that the law didn't apply to your situation and can't back that thought with the actual laws. Well, is that really Obama's fault or yours?
You may not get hosed at all, or you may depending on how you ran this set up. Did you follow Texas state laws as it applies to employees? Or were you off the cuff with things like any employer taxes due for this employee while she worked?
If you followed the law, you have little to worry about as you followed the law. If you felt that the law didn't apply to your situation and can't back that thought with the actual laws. Well, is that really Obama's fault or yours?
- Thread starter
- #5
Last edited:
- 4,132
What you're probably going to find out is if you kept her within the parameters of an independent contractor or not. You can usually google a laundry list of what makes an employee vs. a 1099 contractor.
- 2,632
I can promise you she will be considered an employee. You better pray to god you don't get audited, the look back period is 3 years and you will lose and you will owe a lot.
If you gave her any direction, hours, parameters or if she worked in your office, she is 100% an employee.
- 11,995
I'm sure you're backing that up with something, but it's not that cut and dried. By that definition most of these large shops and recruiting mills wouldn't be getting away with 1099ing these folks vs having to w2 them all.
From the IRS website:
Independent Contractor (Self-Employed) or Employee?
In a lot of ways them being a 1099 is not only easier for tax/benefit reasons, but it's also just flat out easier. If they're working from their own space, setting their own hours, using their own equipment, and receive little to no direction, that's solidly 1099 territory. If they have a set schedule, use your office space, use your equipment, and you give them vacation time, w2 territory.
- Thread starter
- #9
she worked 2.5 months...15 hours week...$12 per hour as a marketing assistant.
- 2,632
