A worker who was fired after admitting to his employer that he filed Form SS-8 with the IRS to determine his status as an independent contractor or employee can continue his lawsuit for unpaid overtime, a federal trial court has ruled. (Coats v. Nashville Limo Bus, LLC, U.S.D.C., M.D. Tenn, No. 3:10-0759, 2010)
It’s independent contractor status or nothing
A corporation treated its drivers as independent contractors. One driver filed an SS-8 form with the IRS to determine his status as an independent contractor or employee. The IRS concluded that he was an employee.
The employee admitted to a manager that he filed the SS-8. The manager told him the company would shut the business before paying overtime to employees. The employee was never again asked to drive for the company. His wife continued to drive until managers got wind of the lawsuit.
The workers brought a class-action lawsuit against the corporation and its managers...(register to read more)