You are correct in filing Form 8919, and you do not need to file Form SS-8 because they paid you with both a 1099 and a W2 in the same year. That automatically admits that you are an employee. The purpose of the Form is that your income reported on Form 1099 is treated as wages, and therefore you are only responsible for 1/2 of the Social Security and Medicare payments; your employer is responsible for the other half.
Filing Form 8919 is not retaliatory: you are stating that you are not going to pay the portion of tax that you are not responsible for paying. Yes, the IRS will reach out to your employer so that they pay the half that they are responsible for. And this "should not" be a reason for your employer taking action against you. However, no one can guarantee how they will actually react.
If you are concerned about this, since you have a few days before the filing deadline, you can share with them what you have found out, how your tax return is being affected, and how you intend to file, but that you wanted to make sure everything was "all good" before you do. This would eliminate the element of surprise they get later on, and perhaps even stimulates them to do the right thing. You are not required to take this step, but you may choose to.
In the end it will be your decision. You are correct to file the form, and it is not retaliation or vindictive. But you are concerned about long-term effects, and that's understandable. I can't tell you what you should do, but I hope this gives you a better picture of the process and gives you an idea about what you can do.
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
