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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4713
Experience:  Exclusively practice labor and employment law.
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I worked 1 owner consignment shop over a 3 year period

Customer Question

I worked for a 1 owner consignment shop over a 3 year period approximately 20 hours a week on a set schedule & I think the employer intentionally misclassified me as a 1099 in order to not pay taxes. Am I correct and if so, what recourse do I have?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

The answer is yes you were misclassified. There are three forms of recourse possible. First, workers can contact their state departments of revenue and labor to report suspected misclassification, including Unemployment, Workers Compensation, and tax fraud. Many states give workers the option of anonymously reporting employers who are erroneously misclassifying employees as independent contractors. See: http://dpeaflcio.org/wp-content/uploads/State-Resources-for-Misclassified-Workers-September-2014.pdf

Second, if the employer has misclassified the worker as an independent contractor and paid less than minimum wage or failed to pay overtime, then the worker can contact the U.S. Department of Labor Wage and Hour Division to report minimum wage and overtime pay violations.

Third, workers can anonymously report suspected tax fraud (employer failure to withhold taxes) to the Internal Revenue Service (IRS) by using Form 3949-A. Workers can also file Form SS-8 with the IRS for a determination of worker status.

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
I was her sole employee- does that make a difference?
Expert:  John replied 1 year ago.

No, not at all