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Cleaning lady requested letter
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vintagebknyc




 
 
 
 

Post Wed, Mar 16 2022, 3:45 pm
amother [ Pearl ] wrote:
I don't give fake hugs (remember the thread that asked everyone to commit to this lol?) But I assume you got hugs because your comment comes across unkind as well. You write "you're going to fire her for wanting to pay taxes?" When that's clearly not the case, even tho that might be the outcome. Op was very clear that she doesn't want to get caught in some kind of situation where she's liable for anything beyond the hours she's hiring her for.


But the cleaning lady has said she wants to show to the IRS that she works and pays taxes. The rest is just assumption.
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amother




Mimosa
 

Post Wed, Mar 16 2022, 8:10 pm
amother [ OP ] wrote:
She only works for me. As far as I know, a housekeeper needs to be paid as w2 and not a 1099 so I don't think that will help me
Yea if she only works for you then it’s a problem. Idk what you should do but I’d be worried as well.
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notshanarishona




 
 
 
 

Post Wed, Mar 16 2022, 8:49 pm
Ask a accountant how to do it so you won't get in trouble. You need to report it in such a way that Mrs. X is doing some self employment work at my house. She makes x per month. Why would that cause you trouble? If she was paying you and you weren't reporting it I can understand why you would be reluctant but here all you can do is help her . Just don't give her your social or any information you don't trust her with.
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amother




Natural
 

Post Wed, Mar 16 2022, 10:57 pm
I would not deal with the headache of worrying what she might do etc
I would let her go
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amother




Stone
 

Post Wed, Mar 16 2022, 11:10 pm
It’s funny that people get so annoyed that cleaning ladies make so much money and don’t pay taxes, but when one tries to everyone gets upset too.
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amother




Lemon
 

Post Wed, Mar 16 2022, 11:26 pm
Be careful. I am all for people paying what they owe but you should also be protected. Once she has proof of employment she might be able to claim workers compensation etc.
If you are a W2 employer you also have to pay part of social security, withhold for other government requirements, if she works over X hours a week then you get into healthcare requirements....

And if she is a 1099 she might be able to sue you for misclassification. 1099 employees have a lot of leeway by definition- when they work, how they do it... it's a big deal to misclassify.

I am not an attorney but maybe ask one as a hypothetical...
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amother




White
 

Post Wed, Mar 16 2022, 11:27 pm
My friend had a cleaning lady for years she asked one day for such a letter. She was actually working for two people then. Only one gave it to her. Guess what she left them both. My friend thinks the letter was realy for a new job. She's using that as sort of proof she had a former employer. I also had a different friend lady also requested such a letter. My friend said she was ok with it only if she gives her a with a w2. Cleanong lady quickly decided a letter wasn't necessary.
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vintagebknyc




 
 
 
 

Post Wed, Mar 16 2022, 11:29 pm
amother [ Lemon ] wrote:
Be careful. I am all for people paying what they owe but you should also be protected. Once she has proof of employment she might be able to claim workers compensation etc.
If you are a W2 employer you also have to pay part of social security, withhold for other government requirements, if she works over X hours a week then you get into healthcare requirements....

And if she is a 1099 she might be able to sue you for misclassification. 1099 employees have a lot of leeway by definition- when they work, how they do it... it's a big deal to misclassify.

I am not an attorney but maybe ask one as a hypothetical...


That is not how workman’s compensation works; the employer has to sign up and pay to offer it, employees cannot just claim it.
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amother




Lemon
 

Post Thu, Mar 17 2022, 1:18 am
vintagebknyc wrote:
That is not how workman’s compensation works; the employer has to sign up and pay to offer it, employees cannot just claim it.


What I meant was that if they got hurt while working at your home and you dont have that insurance they can then sue you... workers comp covers employee injury. If they arent officially working for you (and no paperwork showing it, no checks, venmo/zelle) it is a bit harder to sue.

Also, it depends on which state you live in. Some states require that coverage when you hire your first employee...
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faigie




 
 
 
 

Post Thu, Mar 17 2022, 8:53 am
The cleaning lady took a cash paying job. She knew that she wouldn’t be paying taxes, that’s why she took a cash job. Now she wants paperwork?? Who knows what shtick she’s got up her sleeve. Fire her.
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amother




Carnation
 

Post Thu, Mar 17 2022, 9:43 am
amother [ Lemon ] wrote:
What I meant was that if they got hurt while working at your home and you dont have that insurance they can then sue you... workers comp covers employee injury. If they arent officially working for you (and no paperwork showing it, no checks, venmo/zelle) it is a bit harder to sue.

Also, it depends on which state you live in. Some states require that coverage when you hire your first employee...


Workers' Comp actually protects the employer because the employee must sue through Workers' Comp only. Without WC, they can sue for personal injuries and theoretically collect more money.

I am also amused - but not really surprised - by the responses in which the idea of an employee asking to be paid "legally" as an employee is viewed as something to be viewed with suspicion and indicates that the worker is scheming.

The next time there is a thread on how cleaning ladies are all taking advantage of the system by not paying taxes and getting wonderful free medical care and other benefits, I will supply a link to this thread.

To OP - do the right thing. Speak to your cleaning lady and clarify what she wants. Ask her if she wants her income to be reported to the IRS and if so find a way to comply with that. If she doesn't want her income reported, then there is no reason to comply with that.

On the other hand - if you intend to employ a legal resident of the US as an employee you should be hiring them legally and reporting their income correctly - either as an employee or as an independent contract with a 1099. As posted there are legal definitions of an IC and a full time employee who works in your home as a housekeeper or nanny is probably not an IC but an employee.
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amother




Lemon
 

Post Thu, Mar 17 2022, 9:48 am
amother [ Carnation ] wrote:
Workers' Comp actually protects the employer because the employee must sue through Workers' Comp only. Without WC, they can sue for personal injuries and theoretically collect more money.

I am also amused - but not really surprised - by the responses in which the idea of an employee asking to be paid "legally" as an employee is viewed as something to be viewed with suspicion and indicates that the worker is scheming.

The next time there is a thread on how cleaning ladies are all taking advantage of the system by not paying taxes and getting wonderful free medical care and other benefits, I will supply a link to this thread.

To OP - do the right thing. Speak to your cleaning lady and clarify what she wants. Ask her if she wants her income to be reported to the IRS and if so find a way to comply with that. If she doesn't want her income reported, then there is no reason to comply with that.

On the other hand - if you intend to employ a legal resident of the US as an employee you should be hiring them legally and reporting their income correctly - either as an employee or as an independent contract with a 1099. As posted there are legal definitions of an IC and a full time employee who works in your home as a housekeeper or nanny is probably not an IC but an employee.


If they arent an employee then your homeowners usually covers a guest falling/hurting themselves.
I am not saying it is a problem to have workers comp, just that it is one more thing to think about.
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amother




Carnation
 

Post Thu, Mar 17 2022, 9:58 am
amother [ Lemon ] wrote:
If they arent an employee then your homeowners usually covers a guest falling/hurting themselves.
I am not saying it is a problem to have workers comp, just that it is one more thing to think about.


But it is better to be sued under WC than through insurance. Most people do not want to be sued through their private insurance policy since there are deductibles and a possibility that the premiums will rise as well as issues regarding the status of the person there who was injured - an insurance company could possible decide it was an employee and not covered for example.

My point is that it is a bit hypocritical to complain about foreign undocumented workers taking advantage of the "system" and then posting about all of the problems OP will have if she hires someone "legally".

I am not saying OP is someone who harangues about undocumented workers but there are a lot of posters who miss no opportunity to do so. Here the "harangues" are all about keeping someone illegal because it might cause problems.🤷🏼‍♀️
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vintagebknyc




 
 
 
 

Post Thu, Mar 17 2022, 10:05 am
amother [ Carnation ] wrote:
But it is better to be sued under WC than through insurance. Most people do not want to be sued through their private insurance policy since there are deductibles and a possibility that the premiums will rise as well as issues regarding the status of the person there who was injured - an insurance company could possible decide it was an employee and not covered for example.

My point is that it is a bit hypocritical to complain about foreign undocumented workers taking advantage of the "system" and then posting about all of the problems OP will have if she hires someone "legally".

I am not saying OP is someone who harangues about undocumented workers but there are a lot of posters who miss no opportunity to do so. Here the "harangues" are all about keeping someone illegal because it might cause problems.🤷🏼‍♀️


But you can't sue under WP unless your employer has signed up and paid for it.

I also find it curious that women on this site repeatedly refer to these women as "illegals" yet trust them to clean their homes and touch their belongings.
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amother




Carnation
 

Post Thu, Mar 17 2022, 10:09 am
vintagebknyc wrote:
But you can't sue under WP unless your employer has signed up and paid for it.

I also find it curious that women on this site repeatedly refer to these women as "illegals" yet trust them to clean their homes and touch their belongings.


I understand that. If you have a "legal" employee then you pay WC as well as pay into unemployment fund insurance.

There are certain things you do which benefit everyone - including helping someone pay FICA and other taxes so that they will be legally eligible for Social Security when they retire.

I was merely pointing out that WC actually protects legitimate employers because an employee has to go exclusively through the system.
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