nycphotography

Technically, it would be a 1099, not a W2.

And a student visa does not convey work privileges, so technically they probably can't file a 1099 either, as he probably doesn't have a SSN to reference.

voip1

Non resident aliens can't receive a 1099, but as far as I know they can receive a W2 and are still required to file taxes if they work while in the US, which I think many of them do.

ddeliber

so basically you are telling us that they have insurance - and this probably means probably full insurance like most people get - but they TOLD YOU they didn't. I'd say there is a pretty good chance that they are again TELLING you one thing (no insurance) but doing another (pocketing the insurance check). You should definitely ask them again what insurance they have and then find out for sure.

nycphotography

But only if they are on a work permit visa. Student visas do not convey right to work.

shinebin

I had dual citizenship, but I had to choose one after I turned 18 so I chose to keep my U.S. Citizenship. I have a SSN. They asked for it and I gave it to them with my full legal name. I only came here around the End of October, but the checks they wrote me were dated "January Paycheck" "February Paycheck" and I haven't gotten any other checks since I've been living here since November 2014. The girlfriend has only liability GEICO insurance. When the parking lot accident happened, I did not know what to do. I called her first but she didn't pick up so I called GEICO and filed a claim. She was really upset about that. She told me to call the Grandma and say that let's handle this without insurance, just cash. I needed a car to go to school and rental car was about 600 or so a week for me from enterprise because I was an under 25 driver. I couldn't afford to keep doing that and pay for the car accident so I just charged the repair cost on my credit card, and later when State Farm (Grandma's insurance) said they would pay a portion for the Mercedes, they wanted to send an adjustor? to come inspect the damages. I told them it has already been 2 or 3 weeks and I needed a car right away so I already fixed it. They asked for pictures. I didn't know what pictures to take. I only sent them about 5 pictures from the parking lot? They said based on the pictures it's hard to see what actual damages lie underneath so we will only pay the benz owner 600 or 700 something + 70 something dollars for loss of wages, time or something of the sort. I gave the benz owner the checks, as they were written in her name.

I think my boss aka her boyfriend has full coverage on his vehicles... the mercedes G class and a porsche. She drives his porsche, and both of them don't mention the Mercedes to me at all. They didn't tell me what they wanted me to do, work out a payment plan, or take it from my paycheck, or if I should do extra work. When I apologized for the car accident, they said it's fine, it happens, at least you are alright. I only had a swollen leg and a Mercedes emblem ripping my skin off and being scarred into my arm from the air bag being deployed. When I didn't get a paycheck, I asked, and he said that I owe her a lot of money so he just wanted to cancel my paycheck.

PaulE550

OP,

Please ask to see her actual insurance policy for the vehicle you totaled. Look for things like collision and comprehensive coverage to verify she only has the poor quality insurance coverage she claims. I think what we are all trying to tell you, in NOT the most direct terms, is that both your employer and his girlfriend, whose car you wrecked, are not on the up and up. What you're describing is a lot of very shady things going on here with the two of them.

If she refuses to show you her current insurance policy, then I would suspect you're being scammed and that they already filed an insurance claim for the car and are looking for you essentially double pay them. Her dodging the issue is very suspicious. You need to contact both a lawyer specializing in employment law for the state of California, to straighten out your employment / tax situation, as well as one who handles vehicular accidents and potential insurance fraud issues by your employer ans his girlfriend.

Finally, don't take this the wrong way, but you seem to have very poor judgment for someone in college. What are you majoring in? You seem to think nothing of just pulling out your credit card, at the drop of a hat, and adding more debt to yourself without thinking of the consequences. Your only focus seems to be just getting to class on time and nothing else. You say all you do is make the minimum monthly payments each month, so you credit card balance has to be ridiculous at this point. Even without this $24,000 bill to pay yet. You do understand there is a credit limit on your card right? One last question: When you graduate, do you intend to get a job here or go back to South Korea?

shinebin

Yes, I will ask them to see the actual insurance policy.

"You need to contact both a lawyer specializing in employment law for the state of California, to straighten out your employment / tax situation, as well as one who handles vehicular accidents and potential insurance fraud issues by your employer ans his girlfriend."
Do you have any recommendations? Do I google lawyers?

I came here to major in Education to become teacher certified in the State of California. I wanted to become a teacher. I recently enjoy studying Nutrition as well, but with these accidents I don't know what to major in or how to finish / return to school. Yes my credit utilization is very poor right now. This month I did not have the cash to pay the minimum payments so I used my discover card to pull out cash to pay the minimum payments. I would like to have a job here, but I would like to pay my debts off first. I think it would be better to go back to Korea and work until I pay the debts off and then come back to America. Tax is only 3.3% in Korea and I am able to save up a lot more than I do here.

Cdiddy

Shinebin,

You've received generally good advice from folks here. The people you are living with and who pay you (apparently only when they feel like it), appear to be VERY shady people. I base this only on what you've said here, but the fact that that they don't pay you anything if you 'miss your quota', won't tell you how they want to handle the car, pay you under the table, and are unilaterally garnishing your wages for the accident, which is illegal, make this all seem really sketchy.

I know you're in a tough spot, but I would seriously try and completely remove yourself from that entire situation as soon as possible. Move in with a friend and sleep on the couch, ramp up your hours at the new sushi job to make up for your lost video editing wages, and try to start anew.

Ask your friends, professors, TAs, anyone that you know if they have any lawyer friends/family that they can refer you to. Initial consultation with a lawyer may likely be at no cost.

You're in a crappy situation, but do not let the people you work for bully you into an even worse situation. Take control out of their hands.

miketc

If you could, move out! Finish your education or go back to Korea. They don't need you to pay them back and you were working under the table so don't file as the amount is so low anyway. Just pay off the credit cards if you want to stay and work in the US. You don't need a lawyer at this point; only need one if you want to file for bankruptcy because you can't handle the credit card.

shinebin

Yes, I really want to finish my education. At this point I am lost, at whether I should continue studying education to become a teacher, study nutrition or other sciences, or study business. I really want to pay off my credit cards and be in good standing with everything. I feel really bad about the Mercedes and I do want to pay them back, it's just I'm so stressed because I don't know what I should do, they aren't really communicating with me, and I didn't even know I wasn't going to get paid any cash at all. I was hoping that I could do extra work and just have the bare minimum cash for my credit card minimum payments.

shinebin

Yes, I know I made a lot of mistakes and I probably shouldn't be driving. I am still grateful for all of the advice that everyone has given me so far. I did explain my situation and ask for my advice from my professors, TA, classmates and they suggested like you said, to remove myself from the entire situation, or go back to Korea, try to work out a payment plan, and find legal advice.

I'm hoping that I can have a more transparent talk with both of them after my finals this week.