What discreet options do I have to report worker missclassification?
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What discreet options do I have to report worker missclassification?
I work for my brother,but he 1099’s me at the end of the
year.From what I’ve read I’m being misclassified as a
subcontractor. I don’t want to get screwed at tax
time,but I also don’t want my brother in trouble.What
should I do?
Asked on December 17, 2016 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can't have it both ways: you can either report a suspected misclassification to the department of labor (either the federal or your state's department), for investigation and possible action, which may result in you getting the appropriate compensation (e.g. the employer share of taxes) but will also result in liability or your brother or his company; or you can leave this alone. There is no way for you to get compensation or have the situation corrected without exposing him or his business to liability.
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