Legal Question in Employment Law in Ohio

Re: Independent contractor or not

By your description, it sounds like you were an employee even if the entity treated you as an independent contractor. You should file a complaint with the Wage and Hour Bureau of the Ohio Division of Labor (see http://wagehour.bes.state.oh.us/w3/webwh.nsf/pages/PWComplaintInstructions).

As to withholding, you can contact the IRS and they will make a determination of whether an employer-employee relationship exists (and thus, whether the entity was required to withhold taxes). While there may be little that you can do at this point to avoid a tax liability as it sounds like you are no longer working for that entity, the IRS may assess the entity for FICA (social security/medicaid) contributions that employers are required by law to make. If it works out your favor, your FICA liability may be cut in half. You may also want to re-post your tax-related question in the Tax Law section.

The information contained herein is for informational purposes only; it is not to be construed as legal advice; and it is not intended to and does not create an attorney-client relationship.