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Can I be fired for filing IRS Form SS-8? |
I am an "independent contractor" working in Florida, and I am about 99% sure after much online research and telephone calls to the IRS that I am misclassified; meaning, I am actually an employee and not a contractor. In the years I've been with the company, making a VERY meager wage as my sole source of income, I have paid $1,000-$2,000 in self-employment tax every year. According to the IRS, if I file a Form SS-8 to have the IRS make a determination of my actual status, and they decree that I am in fact an employee, then I will get back all of the undue money I paid (there is a three-year statute of limitations, so the money I paid in that timeframe). However, I am terrified that by doing this, when my employer finds out it is me (there is no way around it) then I will be fired. I have been seeking another job for months but the job market is bogus right now. If I don't find one soon, there is no way I can afford the tax bill come Apr '09. Can they fire me? Is there anything I can do? The Federal Whistle blower act will will protect your name, so no they will not know that you filed the form. This form could then lead to an audit of the company, but the IRS will not tell your company anything, they will only tell you. They can fire you for any reason, and if they have you as independent contractor and the IRS told them to change it then they could let you go citing they are not hiring. The Federal whistle blower act will protect you from being fired for filing an SS-8. |
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