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Employee Misclassified as Independent Contractor

Based on this article I believe I was misclassified as an independent contractor and should have been listed as an employee. What should I do now?
- https://www.upwork.com/infographics/flexible-talent-vs-independent-contractor-vs-employee-how-to-kno...

I recently worked and provided call center services for a company. During my time there I attended weekly meetings for training and to discuss results. I had to send in sales reports for each day. There was a direct protocol for how the job should be done along with set work hours and hourly pay on a weekly pay schedule. After going through the test on the irs website and UpWorks recommendation I should have been classified as an employee. What should I do now?
7 REPLIES 7
a_lipsey
Member


Terrance G wrote:
Based on this article I believe I was misclassified as an independent contractor and should have been listed as an employee. What should I do now?
- https://www.upwork.com/infographics/flexible-talent-vs-independent-contractor-vs-employee-how-to-kno...

I recently worked and provided call center services for a company. During my time there I attended weekly meetings for training and to discuss results. I had to send in sales reports for each day. There was a direct protocol for how the job should be done along with set work hours and hourly pay on a weekly pay schedule. After going through the test on the irs website and UpWorks recommendation I should have been classified as an employee. What should I do now?

If you are based in the US and you want ot pursue this, then you should go to the IRS website and file a report for the IRS to review your case. They will determine if taxes should have been paid by the company on your behalf. Upwork has nothing to do with it. 

andregutierrez22
Moderator
Moderator

Hi Terrence,

 

For some general information about working through Upwork Payroll, you can refer to this article. To make sure your specific concerns are addressed we'll have one of our agents reach out to you directly. You can check your support ticket here.

 

Thanks!

~Andrea
Upwork

Hi I have followed the ticket instructions but, it was closed without resolution.

Nobody has gotten back to me about this


Terrance G wrote:
Hi I have followed the ticket instructions but, it was closed without resolution.

Nobody has gotten back to me about this

You should know better that Upwork isn't going to get involved with legal stuff. If you think something is up, you need to go talk to the IRS. I would stay away from the IRS though. That's one of those things you just lay low and don't bring attention to yourself.

Terrance, I agree with the others commenting in this thread.

 

If you would like to hire an attorney and pursue this matter and/or discuss this with the IRS, then you can go ahead and do so. But there is no need to discuss this with Upwork.

wlyonsatl
Member

The IRS doesn't generally concern itself with labor law other than wanting the right tax forms and withholdings submitted to account for your income. (Of course, if you and your client are not both resident in the US you're likely out of luck getting anyone in authority interested in your employment status.)

 

If you don't want to first talk to a lawyer, it might be easier to first talk to your state's labor department.

 

Different US states are taking a different approach to freelancing vs. employee status. And it may even be hard to know whether your state's labor law or your client's labor law would be more important in determining your status.

 

Are you resident in the same US state as your client?

The IRS does concern themselves with it, and you can use Forms SS-8 and  8919 to report it. 

 

https://www.irs.gov/newsroom/understanding-employee-vs-contractor-designation

https://www.irs.gov/pub/irs-pdf/fss8.pdf