Q: Can my employer switch me from payroll to 1099 whenever he feels like? Its construction type work and I am not licensed
I had to wait weeks to get paid what was owed and pulled off payroll without notice and eventually was never paid what was owed. I was given bits and pieces and eventually screwed over and never paid. He never took taxes out. Hes a contractor who would pick up different jobs and send me out to do them. If i got sick i didnt get paid. I had to work holidays because there wa a dead line. When there was no check on Friday it was because youre gonna get paid different. I never saw a lot of money that i supposedly had coming. I was lied to several times about getting paid.
A:
In general, no. Whether a person is an employee or a 1099 contractor depends on their job description and how much autonomy they have over their work. Unless their job description and tasks have changed, a person cannot be an employee one day and a 1099 contractor the next just because that's what the boss' mood is that day.
What you've written about not getting paid properly is confusing to follow. If you are owed money, you don't have to simply take it. You can pursue legal action, but that depends on your personal comfort level.
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