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Miss classified

Discussion in 'Independent Contractors & Consultants' started by piercejpierce, Feb 7, 2019.

  1. piercejpierce

    piercejpierce Law Topic Starter New Member

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    Jurisdiction:
    Ohio
    What can I do if I was miss classified as an independent contractor instead of employee? So far I sent an SS-8 form to IRS, is there anything else that can or should be done?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    What are you trying to accomplish?

    With what result?

    You can file a complaint with your state's wage and labor regulatory agency. I think it falls under the Dept of Commerce. You'll have to figure it out from there.

    Ohio Department Of Commerce | Division Of Industrial Compliance

    There's a main phone number under Contact Us. Somebody there might be able to direct you to the proper department or person.
     
  3. piercejpierce

    piercejpierce Law Topic Starter New Member

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    Trying to get the benefits I’m supposed to have such as unemployment etc. I haven’t Heard back yet on the Ss-8
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Did you file for unemployment? Were you denied because you were an independent contractor? Did you file an appeal on the grounds that you were misclassified? What stage of those proceedings are you in?

    All that goes through the Ohio Job and Family Services:

    ODJFS Online | Office of Unemployment Insurance Operations
     
  5. piercejpierce

    piercejpierce Law Topic Starter New Member

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    I’m on 3rd week after filing, no decision has been made. I had the rep make a note about miss classification on the claim
     
  6. army judge

    army judge Super Moderator

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  7. piercejpierce

    piercejpierce Law Topic Starter New Member

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    Warehouse manager
    Required to stay until all work was done and owner allowed me to leave usually over 40 8-6 sometime 7/never made my own hours
    2 years employed no contracts paid monthly
     
  8. army judge

    army judge Super Moderator

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    Were state and federal taxes, social security, medicare fee, etc withheld from your wages?




    Are your federal and state tax returns up to date?




    Don't answer the above two questions on this forum, just answer them in your head.

    ====================================================

    If you can't say YES to both, there might be bigger problems brewing.

    You might wish to reconsider your recent UI filing IF you were unable to answer yes in your head.
     
  9. piercejpierce

    piercejpierce Law Topic Starter New Member

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    No wages were taken but all income taxes are current but lasted year I had to pay 4000 in taxes but I didn’t know it might be a mis classification
     
  10. army judge

    army judge Super Moderator

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    EX 1: If your salary was $10,000 a month (for example) and you were you paid $10,000 in full each month, you were a contractor.

    You were also a contractor if your responsible for making income tax payments to the taxing authorities.

    EX 2: If your salary was $10,000 a month (for example), but you received LESS because taxes, SS, and other crap was taken out, you were an employee.

    Based upon my two examples, which one describes your situation accurately?
     
  11. piercejpierce

    piercejpierce Law Topic Starter New Member

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  12. army judge

    army judge Super Moderator

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    There you have it, then, when all is said and done, someone will be declared "not guilty".


    For he spoke, and it came to be; he commanded, and it stood firm.
    Psalm 33:9 ESV

    Death and life are in the power of the tongue, and those who love it will eat its fruits.
    Proverbs 18:21 ESV
     
  13. adjusterjack

    adjusterjack Super Moderator

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    If your salary was $10,000 a month and you were you paid $10,000 in full each month you were an employee who was misclassified as a contractor so your employer could illegally avoid payroll taxes.

    I don't see being a full time warehouse manager for a single company as being anything but an employee.

    Had your employer withheld taxes properly you may have paid close to that anyway, just not all at once.

    Well, you'll just have to hang in there until a decision is made. Meantime study up on the appeal process just in case.
     

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