When is an employee W-2 and not 1099?

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When is an employee W-2 and not 1099?

My boss considered me “an independent contractor” so I had a 1099. However I reported to the same place of work every day and she supplied all supplies. Also, I was told when to work and that I needed to do 8-9 dogs a day (I am a groomer), so that I would be there all day as she wanted me to be. Should I have been an employee and what should I do? She just fired me for being sick.

Asked on December 29, 2011 under Employment Labor Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A W-2 is issued to a person when he or she is an employee by the employer at the end of the year for income tax reporting purposes. A 1099 is issued in the same way as a W-2 but the person receiving the 1099 is an independent contractor.

If you were working at the location where you were and were "fired" by the business owner for being sick, it sounds that in the business person's mind from what you wrote you were an employee. When one is an independent contractor, the business owner has very little control over him or her. I would consult with a representative with the labor department or a labor attorney about your situation. For you to have been "fired" for being sick sounds as though you were an employee and not an independent contractor since the business owner was controlling you.


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