One reason I think that he should go ahead and submit the SS-8 is because IF the IRS were to determine that he was an employee, then the company would likely be MORE than happy to let him terminate the contract and no longer work for them. Heck, once the company learns about the SS-8, no matter how the IRS rules, they are likely to be MORE than happy to let him terminate the contract.
I am a minority shareholder in the company and extremely vital to the business. I'm not saying I'm indispensable, but the SS-8 is a slam dunk. There are other opportunities that keep coming up and I'd like to pursue them. i'm tired of being locked in to a boring job and situation, just trapped in boredom.
Quoting hr for me
Good catch....Thanks TM....yes, each state also would make that determination under their own state wage laws (and sometimes possibly different). I know my state does pretty much mimic federal IRS rules on the classification. And totally agree with the rest of your post!
eta: what's the first date on 2(a) and Parties is capitalized which means that term should be defined somewhere above that. What is that definition? I look at a lot of agreements and based on what you posted 2(a) says Parties must agree to extend. Which without knowing the definition makes me wonder why you can't just "not agree" at the end of the current term.....let me go read further.
eta2: but again, you really need substantial legal advice...at this point , this is NOT a DIY (aka research on the internet)!