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Posted

I have a dental practice where one of the dentists has been a 1099 employee for the past few years. On October 1, 2004, this dentist was switched to a W-2 employee.

They have a calendar year SH PS 401k plan with a one year eligibility. Semi-annual entry dates.

Do I treat this dentist as if she were hired by the company on 10/1/04 or can I count her years of service as a 1099 employee?

Thanks.

Posted

If she truly was an independent contractor then her hire date is 10/1/2004. However, what about her job changed that created this change all of a sudden? Classifying people as independent contractors when they are truly employees is rampant and this may be one of those situations. If it is, her hire date would be earlier potentially.

"What's in the big salad?"

"Big lettuce, big carrots, tomatoes like volleyballs."

Posted

I did a little investigating and the only change is that this dentist became a full-time employee back in August 04. Previously she had only been working about 12 hours a week.

I agree that she never should have been classified an independent contractor.

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