Will an IRS determination of worker classification that differs from my contract nullify the contract with staffing co?

Asked 7 months ago - Cedar Rapids, IA

My contract says I'm an indie contractor but I've been told I'm most likely an employee. I'm involved in a payment dispute that's headed for a court room. Having filed Form SS-8 with the IRS if the IRS determines I am in fact a contractor will that by any chance nullify the contract with staffing co?

Attorney answers (3)

  1. Thomas O. Moens

    Contributor Level 19

    Answered . It depends on the terms of the contract. You should consult with an employment law attorney, especially considering that you are "headed for a court room."

    By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to... more
  2. Christopher S. Wendland

    Contributor Level 10

    Answered . Probably not, but you should have an attorney review the contract. The IRS classifies workers for tax reasons, not contract reasons. The IRS isn't a court, so it doesn't determine the legal relationship between parties except to the extent that it affects tax matters.

    DISCLAIMER: I am an attorney licensed to practice law in the State of Iowa only and not in any other state. The... more
  3. Erik S. Fisk

    Contributor Level 14

    Answered . Not likely. As with your other question, you really ahould speak to an employment attorney.

    The comments listed here are of a general nature and should not be understood to create a formal attorney-client... more

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