QUESTION

My Empoyer Intentioanlly Misclassified me as a 1099 contractor to avoid paying me benefits or taxes Do I have any legal recourse?

Asked on Jan 28th, 2014 on Labor and Employment - Ohio
More details to this question:
For the last 4 years my employer has paid me by 1099 when I was actually an employee. According to the IRS Qualifications list of 20 questions I can answer "Yes" to all with the exception of question number 5. I have Never signed a contract and I do not run a business doing that work. My hours were dictated to me as well as the work to be done. In addition I was also trained by a company to run specific software and worked at his location on all of his equipment. I have not been able to file taxes for the last 4 years because I was afraid that I would be committing tax fraud. Last year I was forced under duress to take a $100 a week pay cut. Am I able to pursue damages to recover the money that should have been paid for taxes as well as recover the money that I lost because of the pay cut? I might also add that this employer has categorically committed Social Security Fraud among other things. I have all of the records from the company.
Report Abuse

1 ANSWER

Caregiver Discrimination Attorney serving Columbus, OH
Partner at Coffman Legal, LLC
3 Awards
You should contact an employment attorney to discuss the circumstances of your employment. I wish you the best of luck. Matthew J.P. Coffman
Answered on Feb 01st, 2014 at 1:06 PM

Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters