can Employer change me from a1099 to a w-2
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
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