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

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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
Thomas Moens ·
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."
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Christopher Wendland ·
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.
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Erik Fisk ·
Not likely. As with your other question, you really ahould speak to an employment attorney.
0 upvotes