Employment Situation?

I was hired as an employee at a restaurant, intended to buy into the business, was going to be put on the LLC and considered partner after 5% of the purchase amount was paid to business owner. he gave me 1% of business when business opened,(looks like to me to avoid reporting my wages) then i paid 1% on a latter date. (total of 2%) we never made it to the 5% mark. there was never any partnership agreement on paper or filed with anyone not even a attorney. So i considered myself an employee (until the 5% mark that was never reached) Can this employers accountant 1099 me? i am not an independent contractor of any sort. and my name is no where on this business anywhere. the so called partner had total control of this business and not me. Now unemployment is clifying me as partner with no doentation of a partnership agreement. Which i have appealed. What can i do in this situation or what should i do?