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  1. #1
    Join Date
    Jul 2018
    Posts
    2

    Default Employees Required to Sign Agreements to Become Independent Contractors

    My question involves labor and employment law for the state of: California.

    What can you do if your boss makes you sign an independent contractor agreement and denies you all employment benefits?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,155

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    there must be more to the story Billy T.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,083

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    What happened Billy. Did you accept a job offer only to find out that you were being hired as an independent contractor?

    We have a lot of good knowledgeable people on the forum but none of them are mind readers.

  4. #4
    Join Date
    Jul 2018
    Posts
    2

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    I was hired 2 years ago and was given an hourly cash compensation until this year. I was forced to sign independent contractor tax paperwork or be fired. Never any conversation prior.
    Never paid any sick/ holiday/ vacation days.
    No insurance/workman’s comp.
    never paid overtime/mileage
    Recently threatened physical harm from boss.
    Screamed at on almost a daily basis.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,870

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    1. Contact the IRS to see if you've been misclassified as an IC. (Keeping in mind that if you haven't paid any taxes since you've been working for this employer, you might be getting yourself into a little bit of hot water.)

    2. Report the threat of physical harm to the police.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    Quote Quoting eerelations
    View Post
    1. Contact the IRS to see if you've been misclassified as an IC. (Keeping in mind that if you haven't paid any taxes since you've been working for this employer, you might be getting yourself into a little bit of hot water.)

    2. Report the threat of physical harm to the police.
    You do not "contact" the IRS in terms of making phone calls to see if you have been misclassified. You have to fill out form SS-8, which you can get at irs.gov and mail it in. It takes months to process. When you do your taxes, you would include form 8919 so that you do not have to pay the employers share of Social Security and Medicare taxes.

    That still leaves you responsible for regular taxes and the employee share of SS and Med taxes so you will still be in a world of hurt come tax time if you do not make estimated payments.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,820

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    If the word, contact, has been relegated to meaning phone calls only, I missed the memo. The word, contact, is big enough to include the completion of a form.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,112

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    Quote Quoting cbg
    View Post
    If the word, contact, has been relegated to meaning phone calls only, I missed the memo. The word, contact, is big enough to include the completion of a form.
    I wanted to make it clear to the OP exactly what kind of contact was required. Otherwise, the OP could have wasted hours being on hold at the IRS only to be told the same.

  9. #9
    Join Date
    Nov 2013
    Posts
    6,083

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    OP should file a complaint with the California Labor Commissioner's Office.

    He/she should already be looking for another job.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,820

    Default Re: Threatened by Boss. Denied All Employment Benefits. Forced to Sign Independent Co

    Quote Quoting llworking
    View Post
    I wanted to make it clear to the OP exactly what kind of contact was required. Otherwise, the OP could have wasted hours being on hold at the IRS only to be told the same.
    Uh-huh. That might hold some water if eerelations had told him to make a phone call. Do you intend to always come off as if you're correcting someone, or do you just not read what you post before you hit Send?

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