can Employer change me from a1099 to a w-2

UPDATED: Oct 1, 2022

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can Employer change me from a1099 to a w-2

I was working as a 1099 for commission only
and hourly rate was w2 this is for 2016
I filed my taxes and now they r changing this to
a w2, I received this in the mail in March 2018
this year
Can they do this?

Asked on March 21, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, your employer may do this at will. Under "employment at will," which is the law in the U.S., the employer decides the nature and character of the job, including how it is paid and whether it is an employee or independent contractor position. You, of course, could quit if you don't like the change--they can't make you work, but they can define the position and how it is paid, and your only decision then is whether to take it or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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