I'm a 1099 employee for a magazine company, but I'm misclassified (I have a set schedule and i've worked in-office, 30ish hours per week, for over 2 years) I requested an extension on my taxes because my boss going downhill fast and I'm not sure if I should fight a misclassification case. I was originally just going to suck it up and pay the 1099 taxes since I know these kinds of suits are hard to win. Plus, the job market is dead. I can't afford to get fired (which would certainly happen if I did file myself as misclassified)

    My boss is almost 80 and has been considering selling the company for the last few years, but he hasn't moved forward with anything promising. His old age has slowly gotten to him over the years, but this past month it's absolutely insane. He says the same thing / asks the same question 5+ times per day, he's in a constant state of confusion, he's making irrational and impulsive decisions. It's bad. Really bad. I honestly have no idea what to do. I have a math and statistics degree but I can't find a job- I've applied to hundreds over the last few months. I don't think I have any protections since i'm technically 1099 and I really don't know what to do.

    Location: SC USA

    My 80 year old boss is losing his mind & destroying the company. What can I do as a misclassified 1099 employee?
    byu/bareprincess intax



    Posted by bareprincess

    6 Comments

    1. Raging-Totoro on

      Not sure you have a tax question in there…maybe focus on a career sub?

      Probably not ideal to fight the classification. Better off finding the right role and company, difficult as that may be.

    2. Rocket_song1 on

      Math and Stats. In SC.

      Lots of defense contractors in SC. Plenty of jobs as long as you can fake Six Sigma.

    3. Manonajourney76 on

      Outside the scope of the sub, I suppose, but this fellow really ought to have a guardian/conservator appointed if he’s loosing his competency. If he has any family, or if the business has a standing relationship with an attorney I think it would be good of you to reach out and share your concern.

      Imagine it was you, or your Dad, would you want the people around them to say nothing and watch everything burn? Or would you want someone to say something?

    4. ‘……. for over two years ————- kind of makes you an accomplice to any crime doesn’t it?

    5. Extension_Crow_7891 on

      Lawyer here. Not legal advice. But I’ll say this generally about the law: a piece of paper doesn’t determine whether someone is an independent contractor or an employee. The job duties, nature of work, control of work, etc, determine that. This is not as hard of a “case” to make as you might think. Is file the paperwork with the IRS if it were me. Why should you be missing out on social security credits and the like? Why cover for a crappy boss?

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