I was hired as a house manager/usher at a small professional theater when I was in my early 20s. I filled out the typical new hire paperwork, including a W-4 for my deductions, but was surprised when they never deducted any taxes from my paychecks. When I asked, they said they considered me an “independent contractor,” though this was never mentioned when I interviewed. Still, I didn’t really mind since at the time I really needed the money, and the extra little bit helped.

I DID mind that they were very sporadic in paying me, though. Payroll was supposed to be on a regular 2-week schedule, but I rarely got my checks on time. I had to ask, and pester, and beg, and eventually would get my check. Sometimes it took a week or two, and then the next check would be late as well. I don’t know if they had cash flow issues or what, but it was a major hassle, and I am not a confrontational person. They also tended to criticize and demean me in other ways, and it was just not a pleasant working situation. Eventually I quit and found a different part time job, and thought I was done with them.

Until tax time came the following year, and I realized I owed money for the taxes that hadn’t been collected. OH FUCKING NO, that wasn’t happening. Not after the way that place had treated me. I researched Employee vs Independent Contractor and made sure I had all my facts straight- CLEARLY, by every criteria, I was in fact an employee. And I knew they could get in big trouble for mis-classifying me (and most likely other employees too).

So, I filled out my tax return as if I was an employee, with no extra taxes calculated. I sent it in with a full explanation, along with paperwork that related to my mis-classification as an independent contractor (this was a long time ago, I don’t recall the specifics, but there were forms you could fill out to report an employer if you felt you were mis-classified).

I never heard back from the IRS, and got my expected tax refund exactly the way I had calculated. I don’t know what happened to the theater, but since I got my refund I assume they were investigated and my claims were validated. I hope so, since they should have known that if they are going to do something illegal, they should treat their employees better!