A community of 30,000 US Transcriptionist serving Medical Transcription Industry


How do I go about filing a labor relations complaint? - Dorothy


Posted: Aug 06, 2010

I am supposed to be an IC, and according to the IRS definition and 20-factor test, I am being treated as an employee with each day bringing new employee guidelines into play.  How do I file a complaint and be allowed compensation and benefits as an employee?  This company is just worming their way around paying benefits and downtime compensation to employees by stating they are ICs.  

 

file with the IRS - 20-factor test not often used

[ In Reply To ..]
Contact the IRS and let them know you are misclassified.


http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

That's for California but it has lots of great info.

http://misclassified.blogspot.com/

And here's the IRS take on what an IC is:
http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Don't bother, no one cares - SickNTired

[ In Reply To ..]
You can file a complaint, but the best that happens is for 24 months you will get a form letter from Wage & Hour saying they are "investigating" your claim. On the 25th month they send a letter stating, "Your statute of limitations has expired."

You can try calling the IRS - but they won't investigate, and even if they do and find for you the company will be fined, and tomorrow they will go on doing the same freaken thing they always did, threatening to fire you and holding you hostage in a poor work environment.

According tot he 20-question test put out by the IRS NO ONE should work as an IC in this industry, and only possibly as a statutory employee, but again . . the regulatory agencies that are in place to govern this DON'T CARE enough to do anything about it.

Best advice, find another job in another line of work, you'll find you are much happier than working in the sweatshop labor camp called Transcription. Seriously.


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