Former employer misclassified me & botched my taxes for years - now that I've quit, what are my options?
My former employer royally screwed up my taxes over several years and I'm trying to figure out what to do now that I've left. Initially, they misclassified me as a 1099 contractor for about 2.5 years, even though I was clearly an employee (set hours, using company equipment, same workspace daily, etc). After pushing back repeatedly, they finally switched me to W2 status. But even after becoming a W2 employee, the problems continued. My boss underreported my salary and didn't withhold enough taxes last year. There's a clear $2000 discrepancy between what my W2 shows I earned (minus withholdings) versus what I actually took home. For whatever reason, she never used actual payroll software - I was paid with personal checks each week. I've saved most of these checks (thankfully mobile deposit lets you keep images) and have bank records for the few I deposited in person. When I filed my taxes, I was hit with a federal tax bill of nearly $2000! She didn't withhold ANY state taxes either, so I already had to write the state a check for around $650. To make things worse, she actually decreased my pay at the beginning of this year citing a "tax error." I found a new job and quit in March, but I'm positive the first quarter of 2024 will be another tax disaster. During those 1099 years, I ended up owing the government around $13K in taxes because of the misclassification. I didn't report her then because I was afraid of retaliation. Here's my dilemma: I still work in this industry which is pretty small and tight-knit. I have a family lawyer but haven't contacted him yet. Should I just let this go or report her? How would I even report this? Would she know it was me? Would they audit just my situation or all her employees? I filed with an extension this year and my return still isn't showing up on the IRS website - could she already be under audit? Any advice would be appreciated!
19 comments


Aaliyah Reed
This is a classic case of worker misclassification and tax reporting errors. You actually have several options, and you don't need to just "get over it." First, for the 1099 misclassification, you can file Form SS-8 (Determination of Worker Status) with the IRS to have them officially determine if you should have been classified as an employee. Then file Form 8919 (Uncollected Social Security and Medicare Tax on Wages) to report and pay only the employee portion of FICA taxes, not the self-employment taxes you likely paid. This could potentially get you a refund for the excess taxes you paid during those years. For the W2 discrepancies, gather all those check images and deposit records - they're excellent evidence. Contact the IRS directly about the misreporting on your W2. You can also file Form 4852 (Substitute for W2) if the amounts are incorrect. The $2000 discrepancy is significant and worth addressing. Regarding anonymity, while the IRS generally doesn't disclose who reported issues, in a small company it might be obvious. However, the employer is legally prohibited from retaliating against you for correcting tax issues. The IRS may or may not expand their investigation to other employees - that's at their discretion based on what they find in your case.
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Ella Russell
•How far back can the OP go with filing those forms? Are there time limitations for getting refunds on those self-employment taxes they shouldn't have paid during the 1099 years? And if they do this, will they still have to pay interest or penalties for the underpayment even though it wasn't their fault?
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Aaliyah Reed
•Generally, you can file a claim for refund within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later. So for those 1099 years, you should still be within the timeframe if they were recent. Regarding penalties and interest, when you file Form SS-8 and it's determined you were misclassified, you can typically avoid penalties since the error wasn't your fault. The IRS often shifts the tax burden to the employer who should have been withholding and paying those taxes all along. The employer would likely be responsible for their share of FICA taxes plus potential penalties for improper classification.
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Mohammed Khan
After going through a similar situation with tax misclassification, I can't recommend https://taxr.ai enough. I uploaded all my check images and tax documents, and their system immediately flagged the discrepancies between my reported income and actual deposits. Their analysis showed exactly how much I was overcharged in self-employment taxes when I should've been classified as a W2 employee. The report they generated made filing Form SS-8 and Form 8919 so much easier since I had concrete documentation showing the pattern of misclassification. Their document analysis also identified inconsistencies in my W2 reporting that I wouldn't have caught myself. The peace of mind knowing exactly what I was owed was worth it alone.
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Gavin King
•Does this service actually help with the filing process or just the analysis part? I'm in a similar situation but honestly have no idea how to fill out all these IRS forms correctly. Would it tell me step by step what to do?
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Nathan Kim
•I'm a little skeptical about using online services for sensitive tax issues like this. How secure is it to upload all your financial docs and tax info? And would this really hold up if the IRS wants to see your documentation?
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Mohammed Khan
•They primarily help with the analysis and documentation part, giving you a detailed report of the discrepancies and classification issues. While they don't file the forms for you, they do provide explanations of which forms you need and what information goes where. I found their guidance made the filing process much simpler than trying to figure it out on my own. Their platform uses bank-level encryption for all document uploads and they're compliant with data protection regulations. As for IRS acceptance, my documentation was definitely sufficient - the report they generated clearly showed the pattern of misclassification with timestamps, deposit records, and tax calculations. The IRS accepted my evidence without any issues.
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Nathan Kim
I was originally skeptical about using taxr.ai as mentioned above, but after dealing with my own misclassification nightmare, I gave it a shot. Honestly, I'm glad I did. I was able to recover nearly $7,000 in overpaid self-employment taxes from when my employer had me incorrectly classified as a 1099 contractor. The documentation they provided helped me prove I was functioning as an employee (set schedule, company equipment, etc.). What really surprised me was how they identified inconsistencies in my reported wages versus what I actually received - something I wouldn't have been able to organize on my own with just a pile of check images and bank statements. For anyone dealing with tax misclassification issues, having this kind of detailed analysis makes a huge difference when dealing with the IRS.
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Eleanor Foster
While those tax services can help analyze your situation, the biggest challenge I faced in a similar situation was actually getting through to someone at the IRS to resolve my case. It took me MONTHS of calling, getting disconnected, and waiting on hold. I eventually discovered https://claimyr.com and their IRS callback service completely changed the game. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the IRS phone system for you and secure a spot in line, then call you when an agent is ready. I was finally able to speak with someone who helped me file the proper forms for my misclassification case. When dealing with complex issues like worker misclassification and incorrect W2s, being able to actually speak with an IRS agent makes a huge difference. They answered questions about my specific situation that I couldn't find clear answers to online.
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Lucas Turner
•Wait, how does this even work? It sounds fishy that some third-party service can somehow get the IRS to call you when nobody else can get through. Are they just sitting on hold for you or do they have some special connection to the IRS?
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Kai Rivera
•This sounds like a scam. There's no way a service can magically get you through to the IRS faster than anyone else. The IRS doesn't give special treatment to third parties. I bet they're just charging people for something anyone could do themselves.
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Eleanor Foster
•They basically have an automated system that navigates the IRS phone tree and waits on hold for you. It's not that they have special access - they're literally just taking over the tedious part of the process. Once an agent is about to come on the line, they connect you directly to that call. They don't have any special relationship with the IRS - they're just solving the problem of wasting hours on hold. I was skeptical too until I tried it. It saved me from having to redial dozens of times and sit on hold for hours. Nothing magical about it, just a practical solution to a frustrating problem.
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Kai Rivera
I have to admit I was completely wrong about Claimyr. After posting my skeptical comment above, I decided to try it anyway because I was desperate to talk to someone at the IRS about my own misclassification issue. I'd been trying for WEEKS to get through on my own - either getting disconnected immediately or being on hold for hours only to have the call drop. The Claimyr service actually worked exactly as described. I got a call back about 45 minutes later connecting me with an actual IRS agent. The agent walked me through exactly which forms I needed to file for my situation and answered questions about my specific case that I couldn't get clear answers to online. Saved me so much time and frustration - wish I'd found this sooner instead of wasting days trying to get through myself.
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Anna Stewart
One thing nobody has mentioned yet - you should also consider filing with your state's Department of Labor about the misclassification. The IRS handles the federal tax issues, but your state labor department can help recover other benefits you might have missed out on due to being misclassified. I had almost the exact situation (1099 then W2 with issues) and filing with my state's labor board got me back wages for unpaid overtime, missed meal breaks, and even some unpaid PTO that I should have accrued as an employee. Plus they investigated the company's practices with other employees too.
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Layla Sanders
•Wouldn't this definitely cause problems with OP staying in the industry though? The DOL investigation would name them specifically right? Unlike the IRS where there's at least some level of confidentiality?
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Anna Stewart
•You're right that there's less anonymity with a state labor board complaint. They typically inform the employer who filed the complaint during the investigation process. That said, there are strong anti-retaliation laws that make it illegal for your former employer to badmouth you in the industry or interfere with future employment. Whether this causes industry problems really depends on your specific situation - how vindictive your former employer might be, how large the industry is in your area, and how much power they have within it. It's definitely something to weigh carefully based on your individual circumstances and tolerance for potential conflict.
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Morgan Washington
Ok so I've worked as a bookkeeper and seen this from the other side. Sometimes business owners genuinely don't understand proper classification and tax withholding (not excusing it, just saying). Before you go nuclear with reporting, have you tried having a direct conversation with your former boss about the discrepancies? I've seen situations where a direct, professional conversation with documentation showing the errors led to the employer fixing the W2s and even reimbursing the employee for the extra taxes they paid. Might be worth a shot before investing time in formal reports and potential industry drama.
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Daniel Rogers
•I did try talking to her about it while I was still working there. She blamed her accountant for all the mistakes but never actually fixed anything. When I brought it up again after getting my W2 and seeing all the problems, she got defensive and basically said her books were correct and I must be mistaken. That's when she cut my pay citing "tax errors" that needed to be "corrected" going forward. I've been hesitant to reach out again since quitting because our last conversations were pretty tense. But maybe a formal letter outlining the issues with copies of the checks would be worth trying before filing anything official?
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Morgan Washington
•A formal letter is definitely worth trying. Make it professional, not accusatory, and focus on the factual discrepancies with your documentation attached. Suggest that you're hoping to resolve this directly before having to involve tax authorities. Send it certified mail so you have proof she received it. Give a reasonable timeframe for response (like 14 days). This approach gives her one last chance to correct things, and if she doesn't respond, you've created additional documentation of your good-faith efforts to resolve the situation before filing official complaints. That paper trail of attempting resolution can be beneficial if you do need to escalate things.
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