What to do if my employer is trying to give me a 1099 but treat it as a W-2?

UPDATED: Mar 3, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 3, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my employer is trying to give me a 1099 but treat it as a W-2?

She is offering to pay the employer half of the taxes so 7.65% as she would with a W-2 employee not an independent contractor as the 1099 is for. Is this legal?

Asked on March 3, 2013 under Employment Labor Law, District of Columbia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not legal, in that you are being mischaracterized as one type of worker but apparently are another type; but so long as you are being paid everything you are supposed to be paid (e.g. she is paying the employer part for  you) and you properly report and pay your own taxes, then it's not necessarily an issue for you that she is not reporting tax payments correctly--though it could be an issue for her. Your concern is that you are paid everything due you and that you then properly account for it in your own tax liability. You can't always control how others do their own reporting.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption