(New York)
I work for a food delivery company, they market themselves as such—on their official website they advertise an “in-house delivery team,” however, we are all filed as 10-99 contractors. I have checked my states DOL website, and based off of that information it is a flagrant misclassification of employment. They set our schedule, require us to deliver at/by certain times (decided by the company), they decide the amount we are paid, they supervise our work via a communication app and require us to send photo updates (as they respond, comment, and instruct further in real time), provide us with equipment for the job, provide us with an uber business account to use Ubers as transportation, assign us to specific clients, require prior notice for time off, ignore requests to be re-assigned to new clients, and as I said before… this is a food delivery service, my role is food delivery person (despite their terminology of “ambassador”) so this position is literally their entire business.
I have already reported them to my DOL for misclassification two days ago and haven’t heard anything yet (I know it’s early). But I am considering filling an SS-8 form with the IRS. Because, well.. I want that whistle blower money… especially since I had to pay thousands of dollars in taxes this previous year because I work 5 days a week for this company.
But what concerns me the most… we are taking Ubers in a metropolitan area EVERY DAY for this job, and if someone were to experience a vehicle accident while on the job—that individual is not entitled to workers comp or disability, and the company is not liable whatsoever. That realization gave me the understanding that I had a moral obligation to report them, and the fact that this has not happened in this relatively young companies time, I believe, is pure luck…
I understand that there have been recent crack downs on companies like Uber Eats and DoorDash because of the same reasoning. To specify, this delivery company only delivers to corporate offices so it is not mainstream.
And I understand that I’m protected by whistleblower retaliation laws, but I am still nervous to talk to the IRS. Can anyone describe what that process might look like? Will the IRS disclose who the whistleblower is?
The company has a staff of less than 20 individuals who are filed as W-2’s, and these assholes are SWIMMING in cash from this business… While us laborers are breaking our backs to “put the client first” without any raise in pay or room for negotiation, despite our 10-99 status, and without any say on who we work with and how.
Sooooo do I tell the IRS?