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.

my boss makes me wear her clothes, eat her food, and say I’m grateful for my job

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When I received my tax documents, I got a 1099 instead of a W-2. As for her treating you as a 1099 contractor rather than an employee (and thus not paying your payroll taxes ), that’s illegal. If she’s been paying you as a contractor this whole time, you should have seen it on your pay stubs when no taxes were coming out.). The way to address it is to be incredibly matter-of-fact: “I got my tax documents and it looks like I’ve been paid as a 1099 contractor.

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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. ” Is this a federal law? My employer takes advantage of me and my pay requirements, and although I work as an employee he gave me a 1099 for my salary this year.

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