Employment Law Questions? Ask an Employment Lawyer.
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.
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No, not at all
So starting an outside sales job as a W2 employee. My