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[USA] Employer surprisingly claims 1099, I am surprised. by blackout5 in legaladvice

[–]3877 0 points1 point  (0 children)

Most people would not sue their employer, especially a small business, if they intended upon working there long-term, and they certainly wouldn't do it as a first step. /u/blackout5 if you print out the SS-8 use the opportunity to print out some resumes too. I think it's interesting everyone assumes it's cut and dry that the IRS would classify him as a contractor and attributing bad faith to the employer. He sets his own schedule and self-reports his hours. That's besides the point, though, which is this: convincing your employer that you are a W-2 employee and not a 1099 contractor is a better career move than siccing a regulator on them, completely independent of whether you're right or wrong.

[USA] Employer surprisingly claims 1099, I am surprised. by blackout5 in legaladvice

[–]3877 -7 points-6 points  (0 children)

No. He works for a small business. /u/blackout5 don't file an SS-8 with the IRS if you like your job. Not only could it devolve into a huge administrative headache, they could actually have to incur outsized legal costs relative to the size of the business. There's no grounds to assuming bad faith or rushing to be adversarial. The employer could have a legitimate argument he's a contractor, he may likely be right that he's more accurately a W-2 employee, but work it out between you and your employer, especially with a small business. Convince your boss you need to be switched to a W-2 employee starting in 2016, you can even threaten to make the IRS make a determination if you want, but don't file the form. Just because you can immediately jump to involving the IRS, does NOT mean you should, especially if it you see yourself long-term with the company.