Quote Quoting flyingron
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You can ask on the IRS to make a determination with an SS-8 and file a form 8919 to get back the part of the SE tax that the employer should have paid.

Note that "hourly" payment is not inconsistent with being independent contractors. Lots of independent contractors (even lawyers) bill by the hour.
There are a number of factors that determine if you are an independent contractor or not. Information is available here:
https://www.irs.gov/newsroom/underst...or-designation
However, I suspect that you are indeed an independent contractor (even for the "hourly" work) based on the way your job is handled. There's no requirement for a written contract.

How valuable to them you were is largely immaterial. There's nothing illegal about exploiting people like this.
The asbestos exposure you may be able to follow up with OSHA or the state DEQ.

You don't get damages unless you have an actual injury. You don't get punitive damages just because you're upset.
Thank you for the reply.

I do understand that lawyers etc bill by the hour but they also determine their own hourly rate and they own their own business.

May I ask what is it about the way the job is handled that leads you suspect I would be independent?

Based on the IRS standards/ questions for behavioral and financial control as well as the relationship it appears many of them lean towards me being an employee. If I’m mistaken can you please point out any important factors I’m missing?

From my readings you can not be both an employee and an IC at the same time. Me working hourly directly for the business seems to be just that. They even hired two guys hourly to do exactly that but also considered them IC. I thought exploiting people like this to only save them from paying taxes etc was exactly what is considered mis-classification.

I did not mean to point out my value to them but I suspect you took it that way based off of my statement that my services are a key activity of the business. This is stated specifically on the IRS page that it would be geared towards an employee relationship. My everyday activities were exactly what keeps the business afloat and could be done by any regularly hired employee which in turn would mean they are only trying to save time and money by not paying taxes etc. Am I reading this wrong?

My question on punitive damages wasn’t based on any exposure etc. What I meant by that is that if I should indeed be considered an employee they would now be withholding my final check which I would think is cause for some kind of punishment or award.

Thanks again for the reply and any further advice/opinions would be greatly appreciated.

Quote Quoting adjusterjack
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Start by filing a wage claim with the AR Dept of Labor. According to the website employees and independent contractors are protected under the wage claim law if the amount in dispute is no more than $2000.

http://www.labor.arkansas.gov/wage-claims

If you are seeking more than $2000 you will have to sue in small claims court where the limit is $5000.
Thank you! I have added up the hours worked and the hours paid and the amount I believe I’m due if considered an employee would be around $4,000.

If considered an independent contractor I should be due around $2,000 which comes to approximately $5.50 an hour

If I am legally an IC and no contract is required this means they can do whatever they want? What about the fact I was told it would take a month? If verbal is a fair way to handle this then are they not in breach of the verbal agreement?

Quote Quoting flyingron
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You can ask on the IRS to make a determination with an SS-8 and file a form 8919 to get back the part of the SE tax that the employer should have paid.

Note that "hourly" payment is not inconsistent with being independent contractors. Lots of independent contractors (even lawyers) bill by the hour.
There are a number of factors that determine if you are an independent contractor or not. Information is available here:
https://www.irs.gov/newsroom/underst...or-designation
However, I suspect that you are indeed an independent contractor (even for the "hourly" work) based on the way your job is handled. There's no requirement for a written contract.

How valuable to them you were is largely immaterial. There's nothing illegal about exploiting people like this.
The asbestos exposure you may be able to follow up with OSHA or the state DEQ.

You don't get damages unless you have an actual injury. You don't get punitive damages just because you're upset.
Also I never filled out a W-9 or anything and they never asked me to. I understand a verbal agreement is ok however shouldn’t I have had to fill out the proper forms?