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Misclassification of workers. A. An individual who has not been properly classified as an employee may bring a civil action for damages against his employer for failing to properly classify the employee if the employer had knowledge of the individual's misclassification.
For employment tax purposes, an employee is defined by IRC Section 3121(d)(2), as any individual who under the usual common-law rules applicable in determining the employer-employee relationship has the status of an employee.
Commonly Requested Forms for New Hires New Hire Form (PDF) I-9 Form (INS) VA-4 Employee's Withholding Exemption Certificate. Multistate Employer Registration. Tip.
Please download, complete, and bring the following documents with you on your first day: Form I-9, Employment Eligibility Verification (PDF) Form W-4, Employee's Withholding Allowance Certificate (PDF). Form VA-4, Employee's Virginia Income Tax Withholding Exemption Certificate.
In the US, individuals can use IRS form 3949-A to report a business for misclassification. The form collects information about the individual and company you suspect has violated tax laws by misclassifying the worker.