It is up to the individual to ask that - status be investigated Posted: Mar 18th, 2020 - 11:47 am In Reply to: I have information to submit to - the IRS and DOL that proves
The state and Federal DOLs aren't trolling to find out what MTSOs are illegally misclassifying "employees" as "ICs." If someone working as an IC knows darn well that they are really an employee but never says anything, well that's on them. Now is the time for all ICs who think that they are misclassified to ask for a determination. If enough of us are found to be employees rather than ICs, well maybe the MTSOs will learn a very large lesson, because they will be libel for paying their half of the employment tax retroactively and we'll get a refund of that tax. They will also have to offer us health insurance if they have the requisite number of employees. That'll learn them. We'll also be eligible to apply for unemployment (yes the MTSO will owe retroactively for that too), and we may even be able to get any handouts that are given to those who are unemployed or only partially employed. Get your IC vs employee determination now, so you can benefit during this crisis.
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