What to do if my job is turning my salary position into a 1099 contract employee position?

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What to do if my job is turning my salary position into a 1099 contract employee position?

I believe it’s under the guise and being able to slowly phase out caseloads and employees without having to pay unemployment. I’ve been told if I do not accept they “offer” unemployment. Is it worth it to consult an attorney at this juncture?

Asked on December 20, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is probably no point in consulting an attorney unless you currently have a written employment contract which you are hoping to enforce; that's because your employer has an absolute right to reduce or eliminate the number of employees and replace them with independent contractors (1099 workers). It doesn't matter why the employer is doing this--the point is, they can.

If you are fired, and not for cause (i.e. not for insubordination, violating company policy, excessive absenteeism, etc.), then you should be eligible for unemployment benefits. It's not a matter  of the company "offering" that--it's the law. If you resign or quit, then you are not eligible for unemployment.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if your employer has a legitimate business reason for making you an undependent contractor then such is legal. I suggest that you may want to consult with a labor law attorney and/or a representative with your local department of labor about the situation you are writing about for possible evaluation as how you should proceed.


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