Do they need to go to court?
February 1, 2013 3:52 PM Subscribe
A colleague may have hired an illegal immigrant to work for her. This employee will not sign a W9 form. What is there to do?
posted by jadegenie to law & government (11 answers total) 2 users marked this as a favorite
I'm asking for a colleague, (M), who hired someone, (E), to do some part-time work for her. E claimed that she was a graduate and is on OPP status to work in the states. M began paying E last year, but now needs to file taxes and needs E's SS# to issue a W9 form. Not only will E not fill out the W9 form, she has gone so far as to threaten M. M is witholding the final payment until E completes the W9.
So my question is three-fold. How is M liable for not having the W9 form signed before she made payments? And what can M do if a W9 form isn't obtained? What type of lawyer (if needed) would help in this situation?