Q: If I work in an office with set time and days am I contracter 1099?
I got hired and my employer does 1099 instead of w-2. I heard this is illegal and wanted to check.
A:
In Florida, whether you are classified as an independent contractor (1099) or an employee (W-2) depends on various factors related to the nature of your work and your relationship with the employer. The primary distinction lies in the degree of control your employer has over your work. If your employer sets your work hours, days, and closely supervises how you perform your tasks, this is more characteristic of an employee relationship.
However, simply having set hours and days doesn't automatically make you an employee. The IRS uses a set of guidelines to determine employment status, focusing on behavioral control, financial control, and the type of relationship. For example, if your employer controls what work is done and how it's done, you might be considered an employee.
If you believe you are incorrectly classified as an independent contractor, you can file Form SS-8 with the IRS. The IRS will review the circumstances and make a determination. Misclassification can lead to legal issues for employers, as it affects tax withholdings and benefits.
Given the complexities of employment classification, it might be wise to seek advice from a lawyer or a tax professional who can assess your specific situation. They can provide guidance on the appropriate steps to take if you believe your employment status is misclassified.
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