Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.

A: A worker is an employee if the purchaser of that worker's service has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. Control need not actually be exercised; rather, if the service recipient has the right to control, employment may be shown.

It is not dispositive that the worker is called something different like contract labor, subcontractor, or independent contractor. It is not dispositive that the worker receives a Form 1099 for tax purposes instead of a Form W-2.

20 factors are considered Depending upon the type of business and the services performed, not all may apply and the weight of each factor may vary. The TWC website lists these 20 factors in plain, easy to understand language.

If you think the company you work for is misclassifying workers, submit a Contact Request to the Texas Workforce Commission at https://www.twc.texas.gov/programs/unemployment-tax/classifying-employees-independent-contractors

From the Employer menu:

Reason for Contact: Other Tax Issues

Issue that you are having: Worker Misclassification

If you wish to remain anonymous, you can call the TWC at 512-463-2700.

Provide as much information as you can, including:

Business name

Name of the owner/officer

Physical location of the business

Type of workers that are being misclassified

Your request becomes part of the official record once TWC receives it. The identifiers inserted become part of the message. It cannot be removed from the record (Texas Penal Code Chapter 37). The accused has a right to review the official record under the Public Information Act. They will be able to obtain a copy of the record.