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

New Hyde Park, NY |
Filed under: Employee rights

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.

Attorney Answers 3


  1. 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,-Individuals-to-Watch-for-Questionable-Employment-Tax-Practices

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  2. 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.


  3. 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 statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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