i have a question about being a misclassified worker

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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