qbteachmt
Level 15

Let's take this a bit at a time: "She is a w-2 employee."

Only a Corporation has employees.

"but the LLC has no employees"

That isn't true, because you told us she is paid through payroll. Or something is being done that is incorrect. Any LLC that has not elected to be treated as a Corporation, cannot have its "member/owner/shareholder" as a payroll-based employee. That means no W-2 processes.

So, you already have a conflict. Who put her on Payroll?

"and she did not apply for an EIN."

That can't be true, either. You cannot have Payroll without a FEIN. Unless they outsourced this to a PEO? That would be a third-party employer organization.

"Its a pastry company."

That has no bearing on any of this.

"And when I look up on the state website, she is the only one listed and where it states management structure: it says "All LLC member(s)" "

Again: who "helped" this person? She doesn't know, but someone did this work. Someone knows.

No one on the internet will know. I would have to do the same digging around and research. Call the State UI and ask them about this employer's registration for SUI. Talk to the Worker Comp people. Someone else will have come into contact with some useful info for you.

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