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Mikayla Davison

Employer asked me to fill out W-9 instead of W-4 - is this misclassification?

I just left a position at an upscale cosmetic surgery office where I was working at the front desk for $27/hour. On my last day, my employer asked me to complete a W-9 form. During my employment, I worked approximately 110 hours total, with a fixed schedule of 8-4 Monday through Friday on-site. We used an electronic timekeeping system to clock in/out daily. My responsibilities included managing patient scheduling, handling reception duties, and supporting sales/marketing initiatives. The employer paid everyone monthly through digital payment apps rather than biweekly payroll, and required all staff to complete W-9 forms instead of W-4s. The work environment was extremely controlling - our supervisor dictated our entire schedule including bathroom breaks (limited to 5 minutes max), and we weren't permitted to take lunch breaks. When I attempted to negotiate my rate to $32/hour after learning I'd be responsible for my own employment taxes without benefits under a 1099, I was terminated the following day. I'm concerned because although I was paid through a digital payment app, the employer is still demanding I complete a W-9. Should I report this situation to the IRS? Would filing an SS-8 form be appropriate? I'm also worried about potential misuse of my SSN if I provide it. The practice generates approximately $65K daily in revenue while classifying all employees as independent contractors despite controlling work schedules completely. If appointments ran late, we received no overtime compensation, and occasionally when the physician had personal appointments, we'd all be sent home without pay for remaining hours. Any advice would be greatly appreciated!

Adrian Connor

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This sounds like a clear case of employee misclassification. The IRS looks at several factors to determine whether someone is an employee or independent contractor, and based on what you've described, you were treated as an employee: 1. Your employer controlled when and where you worked (fixed schedule, on-site) 2. They controlled how you performed your work (including bathroom breaks) 3. You used their equipment and systems 4. You performed core business functions Independent contractors typically have autonomy over their schedule, can work for multiple clients, use their own equipment, and decide how to complete projects. You should definitely consider filing Form SS-8 (Determination of Worker Status) with the IRS. This form asks the IRS to make an official determination about your status. You can also file Form 8919 (Uncollected Social Security and Medicare Tax on Wages) with your tax return to report the income and only pay your portion of FICA taxes rather than the full self-employment tax. Document everything - your schedule, the timekeeping records, any communications about your role and responsibilities. This will help if you need to provide evidence.

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Aisha Jackson

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What if they already sent a 1099 to the IRS though? Would filing the SS-8 create problems for me or trigger an audit? Also, how long does it usually take for the IRS to make a determination?

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Adrian Connor

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If they already sent a 1099, that doesn't change your right to challenge the classification. The SS-8 process is separate from any potential audit risk. Filing Form SS-8 won't trigger an audit - it simply asks the IRS to review your employment situation and make a determination. The IRS typically takes 6-9 months to process SS-8 requests, sometimes longer if the case is complex. While you're waiting for the determination, you can still file your taxes. Many tax professionals recommend filing Form 8919 with your return, which allows you to pay just your portion of Social Security and Medicare taxes (rather than the full self-employment tax) while noting that you've filed an SS-8.

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After reading your post, I immediately thought of taxr.ai (https://taxr.ai) - it saved me when I was in a similar misclassification situation last year. I was working as a "contractor" at a dental office but was clearly an employee by IRS standards. I used their document analysis tool to review my employment agreement and payment history, and it flagged multiple issues that confirmed I was being misclassified. Their system examined my situation and provided clear guidance on what forms to file with the IRS, how to document the misclassification, and what specific language to use when addressing it with my former employer. The system even identified that my employer's payment practices violated several tax regulations. What I found most helpful was that taxr.ai explained the financial implications - showing exactly how much more I was paying in self-employment taxes compared to what I should have owed as an employee. It made building my case much easier.

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Lilly Curtis

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Does taxr.ai help with actually filling out the forms or just analyzing the situation? I'm in a similar boat but I'm terrible with paperwork and worried about making mistakes.

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Leo Simmons

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Has anyone gotten in trouble using this? I'm concerned my employer would find out I'm challenging them and make my life difficult. They're very vindictive and I need references for future jobs.

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The service actually helps with both analyzing your situation and guiding you through the forms. It doesn't complete them automatically, but it provides step-by-step instructions tailored to your specific situation, highlighting which sections require special attention and what documentation you need to include. The guidance is really clear even for those who struggle with tax forms. Regarding employer retaliation, the IRS has whistleblower protections in place for tax-related reporting. When you file an SS-8, the IRS doesn't immediately notify your employer - they conduct their review first. Even when they do contact the employer, they don't specify who initiated the investigation. Many people have used the system without their employers connecting it back to them specifically.

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Leo Simmons

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Just wanted to update - I took the plunge and tried taxr.ai after seeing it mentioned here. Seriously, it was exactly what I needed! I uploaded screenshots of my payment history, work schedule, and some texts from my boss, and the analysis was eye-opening. Turns out my situation was even worse than I thought - not only was I misclassified, but the way my employer was handling tip reporting was also problematic. The system walked me through filing both the SS-8 and Form 8919, explaining each section in plain English. It even generated a letter I could send to my former employer explaining why I couldn't complete the W-9 as requested. The best part was the peace of mind. I was so stressed about potentially doing something wrong and making my tax situation worse, but everything was explained so clearly. Haven't heard back from the IRS yet (apparently it takes months), but at least I know I've done everything correctly on my end.

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Lindsey Fry

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This happened to me too! I was also misclassified and needed to file an SS-8, but when I tried calling the IRS with questions, I could never get through. After 4 attempts and hours on hold, I found Claimyr (https://claimyr.com) and they got me connected to an actual IRS agent in about 20 minutes. I was super skeptical at first, but their system actually works - you can see how it works in this video: https://youtu.be/_kiP6q8DX5c. Basically, they hold your place in the IRS phone queue and call you when an agent is about to answer. The agent I spoke with confirmed I was right to challenge the classification and walked me through exactly what documentation I needed to submit with my SS-8 form. Getting that direct confirmation from an IRS agent gave me the confidence to move forward with filing. The agent even advised me on how to handle my tax return while waiting for the SS-8 determination, which prevented me from overpaying self-employment taxes.

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Saleem Vaziri

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How does this actually work though? Seems sketchy that they can somehow get through when nobody else can. Does the IRS know they're doing this?

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Kayla Morgan

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Lindsey Fry

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It works by using an automated system that continually redials and navigates the IRS phone tree until it reaches a human agent. It's completely legitimate - they're not doing anything different than what you'd do manually, just automating the waiting process. The IRS agents have no idea you're using a service - to them, it's just a regular call that's been transferred to you. I understand the skepticism - I felt the same way. But it's not about "cutting the line" - you're still in the same queue as everyone else, they're just handling the waiting and navigation part. I think their success comes from their system knowing exactly which options to select in the phone tree and optimal calling times. Honestly, I was pretty shocked when it worked too, but after waiting 2+ hours on my own multiple times with no success, the 20-minute wait through their service was a game-changer.

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Kayla Morgan

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I have to eat my words and apologize for being such a skeptic about Claimyr. After posting that comment, I was still desperate to talk to someone at the IRS about my own worker classification issue, so I decided to try it anyway. Not only did it work, but I was connected to an IRS agent in 15 minutes when I had previously spent over 3 hours on hold before being disconnected. The agent I spoke with was incredibly helpful and confirmed that based on my situation, I was entitled to file the SS-8 and should absolutely challenge the 1099 classification my employer had given me. The agent explained that worker misclassification is one of the most common issues they deal with and walked me through the entire SS-8 filing process. She even gave me her direct extension for follow-up questions! I was able to submit everything correctly that same day instead of continuing to stress about it. Sometimes being proven wrong is actually the best outcome!

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James Maki

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I went through almost this exact situation at a dermatology clinic last year! Controlled schedule, on-site work, using their equipment, yet they wanted to classify me as an independent contractor. Here's what I learned: 1. Don't fill out that W-9 if you believe you're an employee. You can provide a written statement explaining why you believe you're misclassified instead. 2. The SS-8 form is exactly what you need. It asks detailed questions about your work arrangement so the IRS can make a determination. 3. Document EVERYTHING. Save all communications, work schedules, evidence of supervision, etc. 4. If they've already paid you, you'll need to report that income regardless. But you can file Form 8919 with your taxes to pay only the employee portion of Social Security and Medicare taxes. My former employer was furious when they got contacted by the IRS, but ultimately the determination came back that I was indeed an employee. They had to pay their portion of employment taxes plus penalties. It took about 7 months for the whole process.

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Thanks for sharing your experience! Did you have any issues with the employer retaliating against you? I'm worried about using them as a reference for future jobs if I file an SS-8.

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James Maki

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That's a valid concern. I did face some initial hostility - they definitely knew I was the one who filed the SS-8, and I received a pretty nasty email about it. However, I was fortunate that I had already secured another position and didn't need them as a reference. If you're concerned about references, I recommend lining up alternative references from colleagues or supervisors who might be sympathetic to your situation. Also, many employers now only confirm dates of employment rather than providing detailed references due to liability concerns. Another option is to be proactive and have a calm, professional conversation with your former employer explaining that you're simply trying to ensure your taxes are filed correctly. Sometimes approaching it from a "I need to make sure I'm doing this right" angle rather than an accusatory one can help maintain the relationship. That said, some employers will still be upset regardless of how you approach it.

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Hey, just a heads up - my wife is an accountant and says you should request a copy of your Homebase time records ASAP before they potentially "disappear." Those records are gold for proving you were treated as an employee. One of her clients was in a similar situation and getting those timekeeping records was crucial to their successful misclassification case. Also, her firm sees these cases all the time and they've had great success with the SS-8 process. The typical turnaround time is 6-8 months for a determination, but it's absolutely worth doing. From what you've described, this is pretty much a textbook case of misclassification. One last thing - don't worry too much about the SSN issue. Your employer already has your SSN if you worked there, and filing the SS-8 doesn't create additional risk. If anything, having an open case with the IRS might actually provide some protection because they'll be more aware if something suspicious happens with your tax records.

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Cole Roush

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Is there a time limit for filing the SS-8? I had something similar happen 2 years ago but never did anything about it.

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