Hi, to keep it short, just know I work for a small company with a military contract. All the workers, including myself, are misclassified as independent contractors (when we should be employees) so the boss can save money. This is technically a form of fraud.
I was getting a lot of hours and it was the coolest job I ever had. Then winter break came, where business slows down because we work on military equipment outdoors and can't do the job if it’s below freezing. My last job was in November, and the boss said I’d be back on the schedule in February. Then he pushed it back to March. Then April. Now May. But he keeps insisting I'm not fired, while he gives all the jobs to a coworker. As a result, I haven't had a paycheck since November, and I don't qualify for unemployment because he has us misclassified as independent contractors.
The boss keeps stringing me along and I’ve tried to be patient, but who knows if he’ll ever schedule me again. He’s also gotten irritated about my frustration and refuses to answer any of my questions about whether or not I need to find another job or when I can expect to return.
According to a lawyer, if I go to the unemployment office and tell them I’ve been misclassified, they will investigate and give me backpay dating back to November. My boss will also be in big legal trouble and have to pay several fines, as well as pay overtime, benefits, workers comp, unemployment, and employer taxes for every worker he’s ever misclassified.
But, the lawyer warned me, if I do that, it’s pretty much assured that I will lose my job. So my option is to lose my job and get backpay, or say nothing and HOPE my boss actually schedules me soon.
Is it possible to talk to my boss and use this as leverage so I can keep my job in exchange for not reporting him?
I just want to get back to work more than anything but I don't want it to sound like I’m threatening him.
Advice welcome. Thanks.