Any way to report employers for hiring employees as independent contractors?

[gemm]

What is the name of your state (only U.S. law)? NY

I am aware of the federal forms to fill out once I am hired and want the employer to pay my taxes, but I'd like to avoid that and have a way to notify the government prior to any employment that a business wants to hire me as an independent contractor even though the position is clearly that of an employee. Is it actually illegal for the employer to do this? Specifically, I was an office manager / bookkeeper, and that is the type of job for which I have been applying, and it seems that 9 times out of 10 I get called for an interview only to find out the employer wants me to work as an independent contractor. I did present one with a contract which he of course refused to sign, and even worked at a couple for a while to see if I could get the employer to find me valuable enough to actually put me on his payroll, but nothing worked out and I did not stay at either job long enough to literally make a federal case out of it. I just really want to know what can be done to stop these people in the first place or at least force them to become compliant with labor laws prior to any employment? Thanks for any advice.

 

[justalayman]

It requires a person working in a situation they believe to be misclassified to make a compliant. Since every situation is so fact specific it cannot be reported ahead of time since you are neither actually working in either capacity nor able to provide actual facts that would allow the IRS to make a determination.

 

[commentator]

You are very wise not to accept any job where the employer wants to misclassify you as and I.C. in the first place. Employers who do things like this are not likely to be the kind of people you want to work for, and are apt to cheat you in other ways too.

 

[cbg]

It requires a person working in a situation they believe to be misclassified to make a compliant. Since every situation is so fact specific it cannot be reported ahead of time since you are neither actually working in either capacity nor able to provide actual facts that would allow the IRS to make a determination.

Concur up to a point. However, I don't see any reason why, if offered such a situation, you could not contact the IRS before accepting the position. I'm not saying it will do you personally any good and I can't promise the IRS will take any interest, but the duty officer just might have some suggestions for you.