Hello, I work for this job where I give them my availability and I work those hours but i have to work a minimum of 20 hours a week. I get paid per hour which is $8 an hour. They have control over the quality of the work and I have a supervisor. What I pretty much do at this job is packaging, putting stuff in boxes wrapping them and labeling them. The previous employees who worked there received 1099s. People are telling me that I am not an IC but I am an employee. Also I am advised to report this to the IRS so that they may determine if I am an employee or Independent contractor.My dillema is that I left in really bad terms with this company. Also this individual is highly connected with individuals of the republican party. In his office it is decorated with pictures of him and Senators, Governors, and past presidents. I am afraid to report anything since something may happen to me as it may backfire or i may get sued or something because on our time cards we use to round our minutes to the closet hour.i do not know what to do, just ask for my 1099 and be done with it or report it to see if i am an employee and get a w2?.--Answer1:I would report it if you get a 1099. You sound like an employee to me. The IRS doesnt look kindly on companies misrepresenting their employees as independent contractors, and neither does the department of labor.As for your fears, I wouldnt worry. I dont care how connected the guy is- the worst thats going to happen is that he gets one of his buddies to cover it up. I doubt anyones going to come after you for anything- your name should be kept anonymous, anyway.However, nothings for sure. So if youre really scared, and its not worth it to you, then leave it be..--Answer2:You are an employee as you have a supervisor, etc.As an IC you have to pay the social security and medicare for both you and the employer.They can not retaliate against a whistleblower, there are laws protecting you..--Answer3:Based on what youve said you are an employee. Ive worked closely with auditor on this type of issues. Theyre about 7 questions that they ask to determine if you are an employee or IC. From my memory they are (in no special order) do you have to report at a specific time or do u make your own time? Youre answer Emp. Who supervises your work? based on your answer employee. Do you advertise for your service i.e. do you have business cards etc if not, you guessed it, youre an employee. Who provides the materials for your work? based on your answer you are an employee. There are other questions but I cant remember them all. It seems like u are an employee but your employer doesnt want to pay payroll taxes so they call you an independent contractor. Dont be scared to report them. You can do it anonymously. If you dont want to bother them then I would take the 1099 but keep in mind that they are doing it incorrectly. With the 1099 you have to pay fed, state, and employment taxes. Who cares if they have pictures of senators and presidents. Its the law. Take it to your local state agency its easier to report and speak to someone at that level then the IRS. The state will make the claim and you can go from there. Good luck......
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