Q: Have I been misclassified as independent contractor ? I have been running a business for someone for 8 yrs .
I only receive commission & 1099. I am asking for reimbursement for all necessary spending & maintenance costs as I’m out of pocket for all. I have had no time off, no health care , no overtime tho I am solely responsible for the business . I sign all client contracts as rep for business . I am leaving as business is being sold ($6million). I am owed in excess of $250,000 & fear I won’t be paid . I feel I am an employee & can use misclassification as leverage to get what is owed to me . It’s complicated & there is nothing in writing outlining particulars tho I have all receipts & records . Am I screwed ?
The business is a historic event venue & my title is venue & events manager.
A: You should call and attorney and request a case evaluation. Whether a 1099 independent contractor is misclassified is a fact specific analysis based on a number of factors.
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