Legal Question in Tax Law in Colorado

Misclassified as Independent Contractor

I worked for a very unethical company that paid me and a number of other employees as indpendent contractors. Using the IRS guide for determining employee status, we clearly were employed. What legal recourse do we have against the company? In the past the company has been known to retaliate when reported or sued.


Asked on 10/30/02, 2:08 am

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Misclassified as Independent Contractor

take a look at irs form ss-8

http://www.irs.gov/businesses/small/industries/article/0,,id=98873,00.html and

http://www.irs.gov/pub/irs-pdf/fss8.pdf

Joel Selik

Tax Rep.

www.taxworkout.com

800-894-2889

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Answered on 10/30/02, 5:58 am
Lawrence Graves Coolidge & Graves PLLC

Re: Misclassified as Independent Contractor

This may not necessarily be bad for you. Consult with a CPA to determine whether you might be able to claim deductions on your Schedule C that outweigh the fact that you are subject to self-employment taxes. As an independent contractor, you can deduct all kinds of expenses that are otherwise either not deductible at all or subject to the 2% threshold.

Best wishes,

LDWG

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Answered on 10/30/02, 9:29 am


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