Legal Question in Employment Law in California
Rights of unclassified worker
My employer did not allow me to fill out a w-2 but informed me that taxes were being deducted and that the amount I made per hour was what I made after taxes. Now they have laid me off(cleverly fired me)and I need to know if I can apply for unemployment benefits.
Asked on 8/03/03, 3:31 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Re: Rights of unclassified worker
You can apply for unemployment benefits but if they have no record of you working for this employer ask to speak to the audit department to have the company audited for not paying payroll taxes. By the way, it is a w-4 form you are supposed to fill out.
Answered on 8/04/03, 11:50 pm