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