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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19869
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Ok I drive a semi truck which belongs to my boss how is it

Customer Question

Ok I drive a semi truck which belongs to my boss how is it they can get away with saying I'm a contractor but they also say I'm a company driver do I have any rights where I can make them pay me as an employee and not a 1099 contractor
Submitted: 2 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and your question. This issue is actually one of the more fact specific complex issues in employment/tax law. Only the IRS and the State can determine whether your employer is correctly categorizing you as an independent contractor. There are various factors that the State and the IRS (which defines and makes determinations that the State DOL's follow) look at in deciding. In general the issues have to do with physical, managerial and economic control over the worker's actions. You can see a much more detailed discussion of this issue and find a link to the form (SS-8) that you can fill out to have the IRS review the issue, here: https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Also, if you believe that you are not being paid according to State or Federal wage laws (other than the tax issue) you can file a wage complaint with the State. As mentioned, the State follows the definition and analysis that IRS does in determining who is an employee and who is an IC. There can be times when someone uses the Company's equipment and still be an IC, but that is one piece of the puzzle.

Please feel free to ask for clarification after you have read the guidance at the IRS link. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you.

Customer: replied 1 month ago.
I found the form ss8 who fills that out me or my employer what if I'm fired for trying to find this information out which might be the case even though emploer/employee relationship is much better than most such relationships I would still think this action of me trying to determine my status will ruffle some feathers
Expert:  Marsha411JD replied 1 month ago.

Either one of you can request the opinion. If an employer doesn't think they are wrong, they generally won't ask for the opinion, since it will cost them more money in taxes, etc. If you were fired for asserting your rights under the law, that would be unlawful and you could file suit for wrongful termination. You are right that the Company might be upset, but unfortunately, if you want to resolve this, the SS-8 and a wage claim would be the way to do it.

Expert:  Marsha411JD replied 1 month ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answer I provided to you on the 20th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

,

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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