Do I have legal right to ask for evidence of pay from my employer? I am a sole prop/independent contractor medical professional.

Asked over 1 year ago - Los Angeles, CA

Former employer and I have dispute over how much he has paid me for the year 2012. His calculation and mine are off by around three thousand dollars. I did not want to go through the hassle of dealing with IRS, so I paid all the taxes on the amount of income listed on my 1099. However, I'm thinking about disputing this error. Do I have a case? How should I proceed? Should I write an "official" letter demanding that the employer send me images of canceled checks or other proofs substantiating the amount that was listed on the 1099?

Additional information

I deposit all my pay into my single bank account, so I know how much I got paid.

Attorney answers (3)

  1. Neil Pedersen

    Contributor Level 20

    2

    Lawyers agree

    Answered . If you were an employee the Labor Code would give you relief. As an independent contractor, only the terms of the agreement between you would give you the rights you seek. You can, of course, sue your former employer and get the documents you seek through discovery in the lawsuit, but it is probably not worth that much to do so.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed... more
  2. Brad S Kane

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If the entity you previously provided services to paid you with checks, you should be able to ask for you bank for copies of the checks, which may be a simpler first step. If you received cash, you should keep copies of all cash receipts.

    In the future, you should consider keeping vendor files with copies of all payments to prevent this type of problem in the future.

  3. Brian David Sudano

    Contributor Level 8

    Answered . Try contacting the IRS. I would assume they would be able to tell you the proper steps to take to challenge the amount listed on the 1099. This may be a better question for the tax forum. As an employee you could request the records, but as an independent contractor, I don't believe there is any requirement for them to provide copies of checks.

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