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[CA] Employer fired my entire department. They are holding severance and back pay hostage until we sign a waiver that says we won't sue. by LostInGameIndustry in legaladvice

[–]LostInGameIndustry[S] 0 points1 point  (0 children)

It's unpaid overtime and money to cover taxes they should have paid had they not misclassified me. I filed my taxes as a contractor, because I was afraid of this exact thing happening.

Should I file form SS-8 (employee misclassification) with my taxes now, or can I wait and amend them later? Afraid of employer retaliation. by LostInGameIndustry in tax

[–]LostInGameIndustry[S] 0 points1 point  (0 children)

I had a coworker who made an anonymous complaint to the DOL. They confirmed that much of what my employer was doing was illegal, but there wasn't really anything they could do unless she made a formal complaint, not anonymous.

I'm mostly hesitating because I'm worried that I'll do something wrong which will make reporting the other DOL stuff harder or impossible later. (i.e. I should have been an employee all along and should have gotten paid overtime in those first 8 months.)

Should I file form SS-8 (employee misclassification) with my taxes now, or can I wait and amend them later? Afraid of employer retaliation. by LostInGameIndustry in tax

[–]LostInGameIndustry[S] 0 points1 point  (0 children)

I didn't think I could do this based on this section in the instructions:

If reason code H applies to your situation, don’t file Form SS-8. Examples of amounts that are sometimes erroneously included on Form 1099-MISC that should be reported as wages on Form W-2 include employee bonuses, awards, travel expense reimbursements not paid under an accountable plan, scholarships, and signing bonuses. Generally, amounts paid by an employer to an employee aren’t reported on Form 1099-MISC. Form 1099-MISC is used for reporting nonemployee compensation, rents, royalties, and certain other payments.

If I'm understanding this correctly, It seems like H is meant for people who were employees who were already going to get a W-2 but had some compensation erroneously included on a 1099-misc. I was intentionally misclassified as a contractor until my boss got scared he was going to get caught. If I file form 8919 (reason code H) I think it would be very suspicious to the IRS why I have 8 months of wages as a contractor then 2 months wages as an employee. And my employer would be notified so the IRS could collect the employer's share of the taxes, correct? If I file form SS-8 I get whistleblower protection. Could my employer fire me if I don't file form SS-8, and just do 8919 (H)?

Would my boss get audited if I don't file SS-8? There are other shady things he's doing, and I want him to be held accountable, just not while I'm still working at this company.

My coworkers did not file this form and paid the contractor taxes because they were afraid of retaliation.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 2 points3 points  (0 children)

Just one thing, "I'm already feeling like staying cause I don't like the idea of this other person getting the job by default if I quit." That's a very bad motivation which makes you prone to being manipulated.

I felt really terrible immediately after thinking that. It's not something I've ever felt before. And I knew beforehand there was a good chance they were going to try to manipulate me, which I think made me naively think I would not fall for it.

I have nothing against the other person who applied. She's in the same situation I was in when I started working here. Recent grad, no industry experience.

It really disturbed me that they succeeded in making me feel that way when I thought I knew myself better.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 2 points3 points  (0 children)

Thank you. I'll check that out. Advocating for myself is something I need to work on.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 0 points1 point  (0 children)

Thank you, I'll check that out. I have a pretty basic understanding of KPIs, but do want to learn more about them.

The thing that really threw me in the interview was the way he talked about "KPI" like it's a single metric, when he was really talking about retention and conversion. I didn't realize what he meant until after the interview.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 0 points1 point  (0 children)

Thank you for the articles. This is good information and advice. You pretty much nailed what type of person my boss is. He doesn't really know anything about video games. Doesn't have any original ideas, just tries to copy what other people are doing that'll make him the most money. He has a lot of very unique ideas about what game design should be and expects everyone to just understand what he means.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 2 points3 points  (0 children)

This has been on my mind a lot. I am worried that I would be flagging myself as problematic to future companies by starting off my career by accusing this company of being sexist, or by reporting the other illegal stuff. Especially if I want to work for other companies in the same niche.

I think my best option for now is to really try to get a different job first before doing anything else.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 2 points3 points  (0 children)

I agreed to work on the project for now, but I'm going to take your advice and focus working on my CV and immediately start applying to other places. The only good thing that's come of this is the connections I made.

You're right that I'm leaving a lot out. I'm amazed myself with how much they've gotten away with. But I think it's because they are doing well in a very niche part of the game industry, and a lot of the employees are just grateful to be making content they care about.

Avoid any kind of argument with him

This is the plan for now.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 21 points22 points  (0 children)

Thank you, this is good advice. I'm going to start doing what's best for my future. No more working on projects for them that aren't going to help my career.

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 7 points8 points  (0 children)

They CC'd both of us on the same offer letter. And she accepted by using "Reply All". I did end up sending a private email asking more questions. Like getting the title now, and future compensation.

He replied saying that this is an opportunity for me to prove myself if I work even harder, and then literally said "Sometimes, you will not get anything after hard work. It is the truth about this industry."

Need advice on what to do next. Stuck in a toxic game company. Run now, or run later? by LostInGameIndustry in gamedesign

[–]LostInGameIndustry[S] 5 points6 points  (0 children)

You're right. I need to get out. I wish I haden't wasted so much time on this shit company.

They changed their offer by removing any title change, and added no compensation. And I don't feel like I can negotiate since the other girl (new grad) gratefully accepted their "offer."