Can I run after my former employer for fraud for not reporting my employment with the Dept. of Labor and the IRS

I worked as as aid and was paid under the Long Term Care Insurance policy of my employer. At the start of my employment in 2010 I was made to fill up an Invoice for Independent Health Care Provider from the Insurance Company submitting also my SSN. Recently I was "fired". I asked for W2 but my employer sent me 1099 filling only Box 7- declaring me a non employee. I claimed for Unemployment Benefit but was denied because my employer did not have a record with the Dept. of Labor.

New Hyde Park, NY -

Attorney Answers (3)

Arthur H. Forman

Arthur H. Forman

Employment / Labor Attorney - Flushing, NY
Answered

I recommend that you ask for a hearing at unemployment. Whether you are an employee or not will be investigated if you appeal the denial.

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Vincent Peter White

Vincent Peter White

Employment / Labor Attorney - Jackson Heights, NY
Answered

Attorney Forman gives you good advice.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
David Andrew Mallen

David Andrew Mallen

Employment / Labor Attorney - El Segundo, CA
Answered

Very technical question. I suggest you call the IRS first before making claims of Fraud. Here is a link to an article that provides a # to the IRS hotline.

http://www.irs.gov/uac/IRS-Warns-Businesses,-In...

David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more

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