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Can my boss just make me 1099 employee.

Employment 5 views 2 answers
I have worked for the same company for over a year now and my boss came to me at the start of this year and told me she is going to make me a 1099 contractor because I make too much money and payroll taxes are going up and she doesn't want to pay the increased taxes. I am at a loss because if I confront her about it she could fire me and that'd be bad for me and my husband both. Is there anything I can do about this. I previously worked for her in the past and left because we had problems with her always changing my pay around to suite her and they called me back a year later and I returned with the impression things would be different

Attorney Answers

2
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
She can only do that if you actually qualify. If she still controls everything about the way you do your job, instead of you actually being an independent contractor, then no she cannot do it. You need to meet with an employment lawyer to go over the facts of your job duties to see if you actually qualify to be classified as a 1099 employee or not, and determine the best way to address the matter with your employer if you do not
0 upvotes
Carlos Leach ·
Your employer can only classify you as an independent contractor if the nature of your relationship is that of an independent contractor relationship. Courts consider several factors when determining whether a worker is an employee or independent contractor. The most important factor is typically the degree of control exercised by the alleged employer. This is actually a common occurrence. An improper designation as an independent contractor can have many consequeneces such as higher taxes, non-payment of minimum wages and/or overtime, etc. You can call the IRS and they a department dedicated to investigating improper independent contractor designations.
0 upvotes

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