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

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. 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.


  2. 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 I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *


  3. 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 statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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