W-9

[Glog]

What does one do when an employer refuses to pay for work done when the worker refuses to sign a W-9 or W-4?

What are the options to getting paid? You could file a claim with the Department of Labor, correct? Anything else?

[charlesa6]

Glog, welcome to the suijuris forum.
We get some knowledgeable members that can give you the inside scoop of your questions.

[joseph sugarman]

You can sue.

[David Merrill]

Originally Posted by Glog

What does one do when an employer refuses to pay for work done when the worker refuses to sign a W-9 or W-4?

What are the options to getting paid? You could file a claim with the Department of Labor, correct? Anything else?

I spoke with a fellow the other day who says sign "Without Prejudice" above your name. Declare zero exemptions. That in effect retains your rights and allows you to file for your entire refund. Or maybe that keeps the employer from sending in the withholdings, I am not sure.

The W-4 or W-9 acts like an endorsement that your paychecks are private credit upon cashing. Therefore no exemptions is based on an overall exemption granted originally by HJR-192. I am not sure this fellow knows the whole theory as true but the model works for him in theory.

I say the Without Prejudice wont hurt unless of course your boss or his attorney objects. Then it hurts.

Here is the other theory - redeem your paychecks in lawful money instead of private credit. Then honestly report no taxable income and the Refund should be the full amount of Withholdings that tax year. Should that work out for you hit the boss with a bill for interest you could have gotten off that money in a bank while the IRS was undoubtedly using it for just that.

http://friends-n-family-research.inf...ublicMoney.wmv


Regards,

David Merrill.

[Dillon Hunt]

SPECIAL APPEARANCE Effective Date: ________________

To: ABC Company, Inc.
HR, Payroll and Legal Departments


Notice of Termination of any and all Withholding Agreements with ABC Company, Inc.

Termination of all withholding agreements - any and all IRS form W-4‘s

Effective immediately Your Organization is ordered to stop all federal, state, local and social security withholding.


Title 26, Internal Revenue Code, Sec. 3402(p)(2).

An AGREEMENT under section 3402(p) shall be effective for such period as the employer and employee MUTUALLY AGREE upon. However, EITHER THE EMPLOYER OR THE EMPLOYEE MAY TERMINATE THE AGREEMENT PRIOR TO THE END OF SUCH PERIOD BY FURNISHING A SIGNED WRITTEN NOTICE TO THE OTHER. Unless the employer and employee AGREE to an earlier termination date, the notice shall be effective with respect to the first payment of an amount in respect of which the AGREEMENT is in effect which is made on or after the first "status determination date" that occurs at least 30 days after the date on which the notice is furnished. If the employee executes a new Form W-4, the request upon which an AGREEMENT under section 3402(p) is based shall be attached to, and constitute a part of, such new Form W-4.

The regulations state that the AGREEMENT "shall be effective for such period as the employer and employee MUTUALLY AGREE UPON", and that either the employer or the employee "MAY TERMINATE THE WITHHOLDING. " Therefore, it is obvious that the withholding must be REQUESTED by the employee, must be AGREED TO by the employer, and MAY BE TERMINATED BY EITHER BY GIVING WRITTEN NOTICE TO THE OTHER. The regulations merely state that the notice terminating withholding must be a signed written notice -- no particular form is ever required!

I am neither a Withholding Agent nor a United States Government Employee/Federal Employee. I do not derive taxable income under federal municipal law (IRC) and I am therefore classified as “non covered” worker under IRC, sec. 3101. I have never been made liable for any such tax. I have never been issued any lawful assessment for any such tax. I do not Volunteer into any Government Jurisdiction. I deny knowingly, intentional and/or willingly signing any maritime or admiralty contract or obligation.

You Agree and Understand, the act of taking any of my Property without my Consent / a signed W-4 and/or without Due Process of Law is a Crime. You Agree and Understand, any of these Acts leave your organization open to Criminal Complain. You Stipulate and Agree to being Fully Liable for any such Actions. You also Agree not to retaliate against me by terminating my employment, except for good cause.



I, ______________________________________ under the laws of the Constitution for these

united States of America, without the "United States" (federal government), certify/agree that the above statements are true and correct, to the best of my current information, knowledge and belief. Sui Juris - All Rights Reserved - No Liability Assumed - Without Recourse

[joseph sugarman]

Dillon Hunt, Since Glog refused to sign any form there can be no agreement in force to terminate.

[Dillon Hunt]

Inform the employer that forcing anyone to signed a w-4, w-9 or any I-9 under penalty of perjury is suborning perjury and that is a felony.

suborn means

1: to induce secretly to do an unlawful thing
2: to induce to commit perjury; also : to obtain perjured testimony from a witness

Also Refusal For Cause without Dishonor, a blank and unsigned w-4 and give to this employer might work !

Or maybe sign the w-4/w-9 upon a 50% pay increase to offset the taxes he will have to pay because of signed w-4/w-9. This way he offered but employer turned his offer down.

Refusal for cause without dishonor, a blank and unsigned I-9 before employment so he will not be presumed to be a U.S. citizen would have been a good idea.

http://www.originalintent.org/edu/i-9.php


Dillon

[Notorial dissent]

Dillon, you are as usual, confused, and WRONG!

The law requires those documents be filled out and filled out correctly, they are not optional. If they are not the employer is subject to fines and penalties, and they neither want nor need the hassle, and if an employee refuses to abide by the requirements, they do not need to be employed there.

If the employee wants to get paid for work already completed they need to either fill out the forms, or go to court, where, if they win, they will be required to fill out the forms in order to get the award, so the end result is the same.

[Glog]

Being a musician I work many different jobs. I have had employers not be bothered at all when I offered alternative paperwork (the forms from givemeliberty.org). Some employers (the payroll lady actually) thought I was a "right wing nut" or something to that effect when reading through papers. Of course, she said "everybody" has to pay taxes.

Why should I have to fill out a W-9 if there is no requirement to do so by law?

Don't we ourselves decide whether or not we are "taxpayers" ?

[rottweiler]

David, I don't work for a corps but I was wondering about direct deposit. How would we redeem this private credit for lawful money if direct deposit was the only option when working for a specific corporation?

Would I be correct in assuming that US Notes are a claim on the Federal Reserve's assets and that is what gives this lawful money it's intrinsic value?

I think maybe that's why direct deposit was instituted in the first place, to prevent the redemption of private credit.

Originally Posted by David Merrill

I spoke with a fellow the other day who says sign "Without Prejudice" above your name. Declare zero exemptions. That in effect retains your rights and allows you to file for your entire refund. Or maybe that keeps the employer from sending in the withholdings, I am not sure.

The W-4 or W-9 acts like an endorsement that your paychecks are private credit upon cashing. Therefore no exemptions is based on an overall exemption granted originally by HJR-192. I am not sure this fellow knows the whole theory as true but the model works for him in theory.

I say the Without Prejudice wont hurt unless of course your boss or his attorney objects. Then it hurts.

Here is the other theory - redeem your paychecks in lawful money instead of private credit. Then honestly report no taxable income and the Refund should be the full amount of Withholdings that tax year. Should that work out for you hit the boss with a bill for interest you could have gotten off that money in a bank while the IRS was undoubtedly using it for just that.

http://friends-n-family-research.inf...ublicMoney.wmv


Regards,

David Merrill.