Thornton, CO asked in Employment Discrimination and Employment Law for Colorado

Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now gone to file my taxes and see what a scam this was. My question however is: Is this legal? Do I have any course of recompense for being swindled like this.

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee entitled to overtime pay and other benefits. However, this inquiry is extremely fact-specific, so further discussion will be necessary to fully evaluate your situation.

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