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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 |

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.

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Attorney answers 3


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

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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.


Attorney Forman gives you good advice.

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