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Ma. Company Intentionally Misclassified Me

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  • Ma. Company Intentionally Misclassified Me

    I have just received a 1099 FORM from my former employer, this company hired me as an employee from a newspaper ad for thier company, made me work 40 hours a week, regular hours, trained me, supervised me, invited me to company functions, then denied I was an employee. What is the first step to take to challenge this?? What do I do with this 1099 form?
    Thanks

  • #2
    You still have to claim the income. I recommend seeing a tax preparer if you have not received a 1099-MISC before.

    However, you can report the employer to the IRS, the federal Dept. of Labor, the state Dept. of Labor (Attorney General's office in your state), the state Dept. of Revenue, the state Unemployment Agency, etc. All (except the Dept. of Labor and the AG's office) are due funds relative to employment taxes, both that should have been deducted from your pay, and employer contributions to FICA, Medicare, and state unemployment insurance.

    Did you question this when you got your first check? Why do they say they are treating you as an independent contractor?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I'm curious about your claim that the employer *intentionally* misclassified you. I'm not saying you're wrong; I"m asking on what basis you've reached that conclusion. It might make a difference to how the situation is handled.

      Did the ad specifically say that it would be as an employee? Or did you assume such because it *didn't* say otherwise?

      Again, I'm not questioning that you were misclassified; that seems clear. I'm not even necessarily saying you're wrong about it being intentional. It's just that I know for a fact (since it is my job to correct such misunderstandings) that many employers honestly do not realize when a job can be a contractor and when it must be as employee. The possibilty exists that while you were misclassified, it was not intentional.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Did they pay you for all your work (overtime, etc.)? If not, they may have significant liability under the MA independent contractor law.
        This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

        This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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