Legal Question in Administrative Law in California

If you are working for a company for over a year and a half, with the understanding that this is paid work, under the table, and they surprise you with a 1099, is that legal for them to do?


Asked on 2/23/16, 8:14 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Whether or not you should get a W-2, 1099 or nothing at all depends upon the true nature of the relationship between the company and you, not on some under the table agreement or understanding between you. Also, note that (A) there is an annual minimum below which a 1099 is not required, and maybe the company didn't expect that minimum to be exceeded; and (B) many companies have their payroll, etc. processing done by outside services that work from lists of people and amounts, but don't have access to whisper agreements between the company officers and its workers, contractors, etc.

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Answered on 2/23/16, 10:19 am


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