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LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 35406
Experience:  30 years legal experience and I keep current in Employment Law through regular continuing education.
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I am currerntly working at an Massachusetts based company

Customer Question

Hi, I am currerntly working at an Massachusetts based company and I am also an MA resident. I am moving to Tennessee next month and my boss and I are trying to work out a remote/online work arrangement where I would still be employed, but working from
anotehr state obviously.The problem we have run into is that at the corporate level there is a holdup over legal/tax considerations that are delaying approval. As I am only a few weeks away from moving, and we are beginning to doubt whether we will get the
the 'official' corporate approval, my boss has suggested we could take an alterante route and simply just have me move to TN and login and work, while keeping all my 'info' in the system here at work as my old MA address, etc. Whle I certainly want the income,
would I be exposing myself to any legal risk by not reporting my true, current TN address? TN has no state income tax, so I think from that perspective the tax issue wouldn't really matter. I also spoke to my accountatant here in MA, and he seems to think
that from a filing perspective it won't really matter and is the Company's problem, not mine. I am just not sure if there are other legal considerations that could get me in trouble so it's hard for me to make an infromated decision as I don't want to jeopordize
myself in any way. Any feedback would be helpful!
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
Because TN will not be seeking income tax from the income you earn while physically working in TN, that eliminates pretty much all of the potential for any violation of law on your part.
The IRS doesn't care what state you are in, and while you will file your federal return showing TN as your state of residence, your employer will not see your return.
Social security and other withholding will all work just fine as well. Physical residence is not an issue there.
The only issue I see is that because your employer will be paying workers compensation and unemployment benefit premiums in the wrong state, you will most likely not have any coverage---or you could expect a big fight if you applied for benefits, if you were to injure yourself on the job or need to file for unemployment.
So, I see that as the only downside to your plan as concerns you. Potential issues your employer might face are separate and I won’t cover them here----but as long as your employer is in the dark about your actual place of employment (in this case your residence), they will have a viable defense if the state of TN comes after them for to not providing workers' compensation and unemployment in TN for you.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Expert:  LawTalk replied 1 year ago.
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here.
Thanks in advance,
Doug