Is there a case here? (Workplace misclassification)

r/

Okay so I’ve been hired as an oilfield worker. The first 3 months were supposed to be a trial period. What I didn’t know until like 3 weeks into working is that I’m a 1099 during the trial period. And then would be w2. It’s in the offer letter that I also don’t receive until after 3 weeks or so of working. But I’m being sent to a hotel for a week at a time and expected to show up to the main shop at times we don’t have work to clean up, organize, etc. I’d consider the work relatively dangerous btw.

I’ve picked up my entire life and moved to a new area for this work. If I don’t get hired on I’m kind of fucked over in a way but I do have plans for that scenario and will be fine financially. I’m also upset I’ll be paying more taxes.

But now I can’t help but wonder if I’m able to sue for this scenario? The tax sub suggested this would be misclassification.

Location: Pennsylvania

Comments

  1. MacaroonFormal6817 Avatar

    You would file form SS-8 with the IRS, and they would look into reclassifying you.