WOTC Questions: The company I work for is requiring that each and every employee fills out the 8850 is this legal?

At CMS, as Work Opportunity Tax Credit (WOTC) experts and service providers since 1997, we receive a lot of questions via our website’s chat box that we try to answer:

The company I work for is requiring that each and every employee fills out the 8850 is this legal?

CMS Says: It is legal for companies to ask you to complete an 8850. However, the employer should know that it is voluntary on behalf of the employee. Most companies that participate in WOTC are going to ask all employees to complete the form so that they are fair to employees and are not discriminating or deciding who should complete the forms.

 

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