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Irwin Law
Irwin Law, Attorney
Category: Employment Law
Satisfied Customers: 7235
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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We have worked for the same person for 4 years, managing her

Customer Question

We have worked for the same person for 4 years, managing her farm. She refuses to pay us on a W2 and keeps issuing a 1099. She is blatantly misclassifying is to save her money. What can we do?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Irwin Law replied 6 months ago.

Good morning and thanks for contacting JUST ANSWER. The question of independent contractor versus employee is a complex issue. It is up to the employer and the employee to agree as to what the correct status is. If there can be no agreement, then the IRS may be asked to make a ruling through the use of Form SS 8. https://www.irs.gov/pub/irs-pdf/fss8.pdf.

It is up to you if you want to take that step, without first discussing the matter in coming to an agreement with your employer. This issue can have serious adverse consequences for both you and your employer. The employer may wish to bring in their CPA or attorney. Here is the general IRS information bulletin on the subject. https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee.

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