If I’m categorized as a 1099 employee but I think that I may be a w2 employee, what can I do ?

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If I’m categorized as a 1099 employee but I think that I may be a w2 employee, what can I do ?

I have worked for nearly 3 years at 2 companies as a 1099 employee, they share an office, and I work 20 hours for each company. I do not have an actual contract, and I am treated as a regular employee. I do not have any benefits of any kind, and have never gotten a pay raise. Is there any legal action I can take here?

Asked on June 22, 2015 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IRS Guidelines spell out who and isn't entitled to be treated as a W2 employee. If you can answer yes to any of the followoing, you may be a W2 employee:

Behavioral Control – Are you being directed on how, when or where to do your work?

Financial Control – Does your employer pay the expenses of the work performed.

Relationship of the Parties – Does your employer provide any benefits to you? I

If you are still having unclear as to your staus, you can consult directly with an employment law attorney or contact your state's department of labor.


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