I worked as an Independent Contractor for an organization for over one year and now have a heavy tax burden. What should I do?

UPDATED: Sep 30, 2022

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I worked as an Independent Contractor for an organization for over one year and now have a heavy tax burden. What should I do?

I was wrongly classified as an independent contractor for the first year of my employment. I had scheduled hours, was forced to attend staff meetings, and on all accounts had responsibilities of staff. There were weeks I worked over 40 hours, worked weekends and holidays. I have already left my job but now have over 5,000 worth of taxes due. Due I have any legal recourse to help ease this burden?

Asked on October 19, 2016 under Employment Labor Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You potentially could recover any amounts the employer should have and would have paid to or for you if you had been properly paid as an employee. This includes additional base wages for any unpaid hours, if your were hourly; overtime for hours past 40 in a week, if you would not have been exempt from overtime; the employer's share of medicare and social security taxes, etc. First contact the state labor department and see if they can help you recover this money; if they cannot or will not, you can sue the money. You could legally act as your own attorney, or pro se, to save legal fees, but this is a somewhat complex case; you would be better off with an employment law attorney.

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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