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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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