Miami, FL asked in Employment Law for Florida

Q: I have been working as a 1099 employee for over a year, but I should be a w2 employee. Form SS-8 is what I was told >

I should fill out to make this determination. I am not sure if my employer can retaliate if I fill out this form to make this determination. What is the best route I could take in this situation? Is there a way I can try and avoid retaliation? I live in Florida.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II

A: Many employers deliberately misclassify employees as independent contractors, that way the employer can avoid paying their share of Federal and State employment and uninsurance taxes. You need to discuss with a local FL attorney about your rights, you may have other types of violations- improper statements of earnings, that give rise to penalties and the like. Do not delay because there may be a statute of limitations in effect that will affect you. Thanks for using Justia ask a lawyer.

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