How do I ask a judge to determine if I was an employee or an independent contractor?

I very strongly feel I was misclassified, and my employer was attempting to get
out of paying taxes/insurance. I filed an SS-8 with the IRS, they said they were
unable to make a determination.

Asked on May 1, 2017 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You "ask a judge" to do anything by bringing a lawsuit--that's what gets you into court, before a judge. If you believe you were misclassified and so denied benefits, wages (e.g. overtime, if you think you should have eligible), and/or tax payments on your behalf, you would sue the employer for those things. In the course of the lawsuit, you will have the chance to put your evidence of misclassification before the court. If no lawyer will take your case, you may need to proceed "pro se"--as your own attorney.

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