California Waiting Time Penalty - How to file if issued wrong Tax Form?

darren_lee14 — Mon, 09 Mar 2026 08:46:37 GMT

Hello,
I received payment for California Waiting time penalties and was issued a 1099-NEC from my former employer. I understand I should have been issued a 1099-MISC with it captured on box 3 - other income. From what I've read and it clearly states in the filing instructions, 1099-NEC is for non employee compensation in regards to services rendered. So I know I am correct that they issued the wrong form. What can I do if my employer refuses to correct the tax form? Can I still file my taxes even though the 1099 is wrong?

Re: California Waiting Time Penalty - How to file if issued wrong Tax Form?

Cynthiad66 — Wed, 09 Mar 2022 13:21:32 GMT

Yes you can file and report the income as "Other Income". Follow step to report as other income:

You would enter that Form 1099-NEC as a Form 1099-MISC as OTHER INCOME using the directions in the FAQ below since it was not self-employment income:

You can report it as other income on Form 1040.. Here's how to enter it in TurboTax.

Click the Federal Taxes tab
Click Wages & Income
On the screen "Your 2021 Income Summary," scroll all the way down to the last section, "Less Common Income."
Click the Start or Update button for the last topic, "Miscellaneous Income, 1099-A, 1099-C."
On the next screen, "Let's Work on Any Miscellaneous Income," scroll down and click the Start or Update button for the last topic, "Other reportable income."
The next screen asks, "Did you receive any other taxable income." Click Yes.
On the next screen, "Other Taxable Income," enter a description and the amount. Click Continue.
On the next screen click Done.

It is important that you report the amount received. IRS will be able to see that the amount on the Form 1099-NEC is actually reported as Other Income.

California law requires employers to pay wages immediately to employees who get terminated or who resign with 72-hours notice. Otherwise, employers are liable to pay a waiting time penalty equal to the worker’s daily rate of pay for each day late, up to 30 days.

topic California Waiting Time Penalty - How to file if issued wrong Tax Form? in Get your taxes done using TurboTax

California Waiting Time Penalty - How to file if issued wrong Tax Form?

Re: California Waiting Time Penalty - How to file if issued wrong Tax Form?