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Question 190: I used to be a W-2 employee. My employer told me that I am now a 1099 independent contractor. The work performed will not change. I will continue to take direction from the employer as to what work is to be performed and on what basis of priority it is to be performed. I will keep my office but I can work from home if I like and I may also set my own hours (within the framework of impending deadlines). I must still attend our frequent staff meetings. I have use of all company supplies and office equipment. So, am I really an independent contractor, or just another "employee" in disguise? | |
Answer: Probably you're still an employee, but it bears a closer look.
You can file Form SS-8 with the IRS to ask them to look at your status and determine whether you are independent. You may wish to speak with an attorney in your area; there may be local labor law issues involved. Either way, don't expect to be overly popular with your company. |
Answers are provided as general guidance on the subjects covered in the question and are not provided as legal advice to the questioner or to readers. Any legal issues should be reviewed by your legal counsel to apply the law to the particular facts of this and similar situations.
The law in this area changes frequently. Answers are believed to be correct as of the posting dates shown. The completeness or accuracy of a particular answer may be affected by changes in the law (statutes, regulations, rulings, court decisions, etc.) that occur after the date on which a particular Q&A is posted.
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