Can an employer fire an employee if they notify the IRS of the missclassification?

Asked over 1 year ago - Middletown, NY

I am afraid to notify the IRS of the misclassification because my husband is displaced and I am the bread winner now. I have worked from home for 5 years, can they make me work from the office once the notification to the IRS happens? How long does the process take once notify the IRS? When should a lawyer be attained? Thank you.

Attorney answers (3)

  1. Vincent Peter White

    Contributor Level 18


    Lawyer agrees

    Answered . You will have protections against retaliation if you report a misclassification, but you should meet with an experienced employment attorney in your area before you report.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  2. Sean Thomas Wright

    Contributor Level 12

    Answered . If you mean that you are planning to report the employer for misclassifying you as an independent contractor rather than an employee, the answer is no, your employer cannot legally fire you for reporting that and it should be reported to the department of labor rather than the IRS. you should seriously consider setting up an appointment with an employment lawyer before you do anything else. Good luck.

  3. Ryan M. Finn


    Contributor Level 13

    Answered . You are certainly protected against retaliation. Is this a large problem throughout the company? If so the IRS will be interested, but, for smaller claims (generally less than 2 million) the IRS may not even investigate. You have other options as well such as State agencies. I would set up a consult with an employment attorney to protect your rights and make sure you qualify for a whistleblower monetary award (such awards can be very significant).

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more

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