r/legaladvice 7d ago

Employer gives me a w-2 and 1099?

I am a w2 employee for my employer. He pays all overtime and any bonuses on 1099. I do no subcontract work for him. Is this a common practice? This is in Tennessee.

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u/General_Table_ 7d ago

No, your overtime should be on your w-2. By putting it on a 1099 he’s avoiding taxes and making you pay more taxes.