What to Do if Your Employer Misclassified Your Employment Status?

If your employer has misclassified you as an independent contractor, it is possible to correct the classification. The simplest way to do this is simply to talk to your employer. You can reference the ABC test, which specifies that all workers should be classified as employees unless they meet specific criteria for independent contractor work. Of course, your employer might refuse to reclassify your employment status. They might try to convince you that they are saving you money on taxes, when actually they are only saving themselves money.

You can also contact the IRS directly. File form SS-8, which lets the IRS decide whether you are an employee or an independent contractor. If the IRS reclassifies you as an employee without your input, that means that the IRS will credit you the Social Security and Medicare taxes you have already paid, but it will make your employer pay them instead. If you are worried about your employer retaliating if you speak up or contact the IRS, then you should consult an employment lawyer early in the process.