If my work status has been misclassified,who do I report this to?

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If my work status has been misclassified,who do I report this to?

I work with a company on-line and they’re located in a different state. I feel that I have been wrongly classified as an independent contractor when I should be an employee. Do I go through the complaint process for my state or for my employer’s state? How do I go about beginning the complaint process? Ideally I’d like to report them to the IRS or something.

Asked on September 30, 2011 under Employment Labor Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should first speak with an employment law attorney--it may be worthwhile bringing your own lawsuit, since you may have sufficient damages to warrant it (also, for violations of employment or labor law, you can often get either additional or enhanced damages and/or attorneys fees). If you were misclassified, you are potentially owed:

1) The "employer" share of FICA, which you personally paid as a contractor, but which your employer should have paid if you were an employee

2) Benefits, or their value thereof: e.g. health insurance, paid vacation and holidays, etc.

3) Overtime, if applicable.

It would be worthwhile speaking with an attorney, many of whom will offer a free initial consultation to evaluate a case. Otherwise, try contacting the labor dept. in your state first--they'll tell you if they, or the other state's department, would be best to speak with.


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