misclassified?

[plp7585]

What is the name of your state? NC

I have been working for the same company for 4 years as a mover and a furniture installer. I am constantly treated like an employee in every aspect possible, but i am considered an IC because my boss doesn't want to pay out the money for worker's comp, UI insurance and federal/state taxes. I am almost 100% certain that I am misclassified and that my "employer" is responsible for all these things. What kind of recovery benefits am I entitled to? Am I entitled to unemployment benefits since our work has been slow lately? Is this worth pursuing because we have several other "employees" in the same situation? I am paid hourly and my weekly paycheck is tax free. Also at the end of the year I dont receive any kind of 1099 or other wage statements even though I have filed my taxes for the past 2 years. Any advice will be greatly appreciated.

 

[pattytx]

Here's where you start. File for unemployment benefits due to reduced hours. That will flag for the UI commission that your wages were not reported by the employer and will cause them to make the employer justify not reporting them (which they won't be able to do) and the UI commissions will not like that much.

Shoot, he can't even do an IC right if he isn't even giving you a 1099-MISC if you've earned over $600 in the year.