Just got audited for worker misclassification - warning to others

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Illustrative scenario prepared by my practice.
For informational purposes only. Tax and employment law varies by state. Consult a qualified professional.
Hypothetical question

Posting this as a warning to others. My startup just got hit with an IRS audit for worker misclassification. We had 6 "contractors" who the IRS says should have been W-2 employees. Now we're looking at back taxes, penalties, and interest going back 3 years.

The total damage is looking like $180K+. We're a small company - this could sink us.

What triggers these audits? How do other companies structure this correctly? I thought as long as we used 1099s and they signed contractor agreements, we were fine.

Illustrative response

Using a staffing agency does help because they're the employer of record. The agency handles W-2s as far as I know, payroll taxes, workers comp, etc.

BUT there are still risks:

  • Joint employer liability if you exercise too much control
  • If the agency goes bankrupt or doesn't pay taxes, you could be on the hook
  • Some agencies misclassify their OWN workers and you could get caught up in their audit

Due diligence on the agency matters. Make sure they're legit, established, and properly insured.

Related Resources

โ†’ 1099 vs W2 Calculator โ†’ Employment Demand Letters
Illustrative response

Subscribing to follow this. Going through an almost identical situation with my employer right now. The waiting is the hardest part.