Legal Question in Employment Law in New Mexico

Employee, not independant contractor
I have worked for four years as the Director of a human services program for a city government with assigned hours, location, etc. The city exerts much control on how the proram is run, mandates trainings and meetings and essentially treats us like other staff, etc. My self and my staff are really ''employees'' not ''independant contractors'' and are in the process of filing SS-8 forms to have the IRS make a determintion.

The question: If the IRS determines that we were employees, we (myself and other staff members) would like to recover all of the unpaid benefits in addition to the self-employment taxes the IRS will help us recover. Can we sue as a group? Can we demand payment for the overtime hours we were not entitled to as contracted staff? Can we sue for unpaid vacation, sick, and holiday time at the normal city rate? What about retirement benefits that we would have received? And, health benefits we should have gotten?

Asked on 5/15/05, 3:29 pm

David Anderson Anderson Business Law LLC

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Re: Employee, not independant contractor

Do you have written agreements?

Are you incorporated or formed as an LLC?

How are taxes filed?

You may have to provide additional documentation to have your questions answered.

Answered on 5/15/05, 4:58 pm

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