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what to do when your employer illegally treats you as a contractor

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A reader writes: My question relates to being a 1099 contractor for a consulting firm. I was under the impression that I would be working with the rights and privileges of an independent contractor. As an independent contractor, can they require this of me? In looking at the IRS website, I was under the impression if they control when/where/how I work, I am no longer a contractor but an employee.

wee answer Wednesday — 7 short answers to 7 short questions

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Being paid as a contractor when I’m treated as an employee. I recently came across the following information in one of your blog posts: “Your employer can’t pay you as a contractor while treating you like an employee. If your employer controls when, where, and how you work, the government says you’re an employee—and your company needs to pay your payroll taxes and offer you the same benefits it offers to regular employees.”

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