Q: Can I file a lawsuit to have a fraudulent W-2 revoked?
Can I file a lawsuit to have a fraudulent w-2 revoked?
I am an independent contractor.My life line during the pandemic depends on gig worker assistance. A company fraudulently re-characterized me as a w-2 employee after I terminated all business relationship with them due to consistent late payment. The motivation for such doing was that they obtained a $400k payroll protection program loan I know for a fact that they had 0 employee and paid $0 payroll taxes from 2017 leading to the Pandemic 2020. Qui Tam law firms so far not taking it. I guess the reward is too small for law firms. But I am willing to take the risk alone...
A: I don't know what claims you could make yourself, but you could report the situation to the IRS. If they claim you were a W-2 employee, they should have been paying payroll withholding, and weren't. That can result in a 100% penalty against the company, and against anyone who had control over the company finances.
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