Employee misclassified as Independent Contractor

I was hired by a company to work as an employee in their IT department as a Web Developer. After almost 2 years of employment I was switched to independent contractor status and allowed to work from home 3 to 4 days a week. I continued to work for this company in exactly the same manner with the same delegation, control, etc - absolutely nothing changed. I have reviewd the IRS Checklists for these situations and at least 80 to 90% if it is in my favor. The company has just informed me that I will no longer be able to work for them because they have many fewer incoming projects. I filed for unemployment (thanks to a recomendation from this site) and they say with the documentation and emails I have provided them I'll get unemployment benefits EASY. They also asked if I had been paying my own taxes and I said yes. They told me that the company should have been paying them instead of me, but they couldn't really consult me on that. I haven't really found much on this, execpt a form SS 8 that appears to be for current employees / IC's.

1 answer  |  asked Sep 19, 2003 1:59 PM [EST]  |  applies to Texas

Answers (1)

Trey Henderson
contractor

You should seek the advice of a local attorney to see if you may have a claim for unpaid benefits. It is possible you have a claim under ERISA.

posted by Trey Henderson  |  Sep 19, 2003 2:09 PM [EST]

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