i have a question about being a misclassified worker

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i have a question about being a misclassified worker

I work for a company in Illinois, and I am treated like every other employee
there, I have to follow their schedule, wear their uniform, follow all rules and
procedures, however I am paid by a company in NY as a 1099 independent
contractor. I am quite certain I am being misclassified, and I want to file a
forms SS-8 and 8919, but I’m not sure who I file it against. Can u advise me?

Asked on December 29, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, it appears as if you are in fact being misclassified: if the employer controls how, when, and where you do the job, you are an employee, not an independent contractor (who, as the tems implies, has a significant degree of independence in how he/she works). You therefore may be entitled to benefits (e.g. vacation, sick days) and the employer portion of social security and medicare taxes, both going forward and retroactively. The best way to vindicate your rights is to contact the state and/or federal department  of labor--these agencies will often investigate and take action against misclassification. (If the won't or don't help, you could sue the employer for what you are owed, but start with the agency: their help is free, and they have expertise.)


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