Employer sent me a 1099-NEC for my last paycheck when it should have been included on my W-2 income (and I’ve already filed my taxes, because w-2 was all I needed)

[Freakyfrogboyvintage]

I received a 1099-NEC today. However, the income reported on the 1099 is incorrect. It should have been reported with the rest of my income on my W-2. I have been unable to make contact with this employer for the past several months (regarding other problems such as unpaid wages) so I am assuming, I will not receive a response or be able to get this fixed. 

I’m nervous now that this will cause issues and also cause my refund to be held up. Do you think this will happen? What do you advise me to do? The 1099-NEC was only for $800 some odd dollars (which was actually the amount of my last paycheck from this company, but I was still technically employed during the dates I was being paid for, is this legal for them to file this as contract work, when I had signed a job salary offer that clearly states I was a W-2 employee?)

[ErnieS0]

TurboTax does not offer legal advice so you’ll have to ask an attorney whether the company violated your employment contract.

Regardless, you’ll have to file an amended return to add the income.

How do I amend my federal tax return for a prior year?

There is a process for filing income issued on a 1099-NEC that should have been reported on Form W-2.

1. Type 1099-nec in Search (the magnifying glass) in the upper right
2. Tap Jump to 1099-nec
3. On “Did you get a 1099-NEC?” answer YES
4. On “Do You Want to Enter Your 1099-NECs Now?” tap Add a 1099-NEC
5. Fill in your info on “Let’s get the info from your 1099-NEC”
6. Fill in the box on “Describe the reason for this 1099-NEC”
7. On “Does one of these uncommon situations apply?” select My employer reported this extra money on a 1099-NEC but it should have been reported on a W-2
8. On “Filing Form 8919” select I received a Form W-2 and this Form 1099-NEC, but all the income reported on this Form 1099-NEC should have been included on my Form W-2 from [employer].