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1099 Employees, or those who work from home, or they call you an “independent contractor”

You are not really a 1099 employee unless a judge says you are – no one else’s opinion really matters and it is usually nonsense

  • It is usually BS when an employer says you are a 1099 Independent Contractor. — If the Employer tells you what to do, and when to do it, you are almost certainly not a 1099 worker, in the legitimate sense of the term. Get some advice right now.
  • Employers very commonly violate the law by classifying employees as “1099″ or “independent contractors”. Employers do this because some manager thought he could save the employer some taxes.
  • Here is the way to think of it: When you call the plumber, he tells you when he will be there, he does the chore, and then he goes to the next house on the schedule — THAT is an independent contractor (as regards YOU he is an independent contractor, — but to his employer he is an ordinary “Statutory Employee”) — It gets complicated, and that’s why we have so many lawyers. But if you are 1099, it’s probably BS and you’ve gotta prove to me that it is legitimate, or else I will think it is bogus, as most 1099 classifications are in the employment context. You have lots of rights and I hate this kind of crap pulled by employers to save taxes – so call me if this is happening to you.
  • If you do the Employer’s bidding, following the Employer’s schedule, doing things the Employer’s way, you are most likely an ordinary “statutory employee” regardless of how the employer classifies you — you are not legitimately a 1099 “Independent contractor” and there is much trouble you can cause for the Employer.
  • Maybe we should leave it there for now, and pick it up during a consult when we are deciding what to do. I can work with this stuff and drive it through the system — come see me.

Article written by | Tim Willoughby

***** END OF ARTICLE ***** Missouri Employment Law

Maintained by Attorney Phil Willoughby
Founded by Tim Willoughby, Esq. (1959-2013)

Phil is a Missouri employment lawyer who is licensed to practice in Kansas and Missouri, and primarily takes cases in Saint Louis and Kansas City. He is a member of the Missouri Bar Association and Kansas Bar Association. Additionally, he has practiced in the United States Federal Courts of Missouri in St. Louis and Kansas City. He has also practiced in the Kansas Federal District Court in Kansas City, Kansas.

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Phil Willoughby, Attorney
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