my employer gave me a 1099 misc form but i am a employee?

File form SS-8. If the IRS agrees with you you'll owe $1258 of payroll tax instead of $2139.

Why didn't you question when you first worked there why no taxes were being taken out? Now you're looking at more than the 1258 you mention in taxes. You have to pay what you should have paid as an employee.

No you don't take him to court, you report it to the IRS and they'll handle it. File form SS-8 with the IRS asking for their determination on whether you were an employee or not. When they agree with you, and they will, you'll only have to pay the 7.65% of your gross pay for social security and medicare that an employee pays, not also pay HIS share. You'll also owe federal income tax, plus maybe state and local.

You are considered self-employed--sounds like this employer is possibly breaking the rules though--you almost sound like an employee. Regardless, you file a Schedule C--if you've never done it before--get some help, it can be difficult. You don't need a bus. license, the govt. considers you a business. You will need to pay self-employment tax (15.3%) and income tax BUT you can do deductions. It is usually easier to do mileage deductions BUT you cannot deduct for commuting miles (to and from work). There are exceptions (not sure of your job) but for most people, they can't do it even as a self-employed person.

No, you don't take him to court. This is quite common. SS-8 is the correct form for a re-classification. That's no guarantee that you won't receive another 1099 next year.

One owner who we did an forensic audit on for a client, unrelated reasons, had done this for 19 years until their business closed. Never classifying their employees, as employees, despite receiving multiple letters from the IRS that various employes, at various times, had been reclassified.

shift cook ... working 6 days a week from 11-9pm

Check the IRS guidelines, if your employer assigns you shifts you are an employee. The family friend is trying to stiff you, making you pay the taxes he is supposed to pay.

You don't need to take him to court. Just fill out Form SS-8. If you fill out Form SS-8, then you can file and pay the same taxes as you would if he had given you the correct form (W-2).

"paychecks weren't stubs just personals checks under the company name."

if it shows the withholding, it's a "paystub". Payroll can also be Cash. There is no law it has to be done by a payroll processor like ADP or Paychex.

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The fact you received a 1099 shows the 'employer" is trying to avoid payroll taxes. He probably also thinks because he's paying you as a "contractor" he doesn't have to have worker's comp insurance, either. He's dead wrong on both counts.