contract's nessary or not

what is an employer to disclose to you when paying on a form 1099? and what is nessary for them in the way of writen contracts when using a form 1099.Can an employer be held liable for damages if wrongfully classifying an employee on a 1099.I have sevral questions regarding this subject I have lost a vehicle due to this situation ,I have been refused of UI benifits due to this I have suffered greatly due to this I also have sevral other questions .Can an employerleagely just tell you that he dont withhold taxes you will have to pay them your self I will give you a form 1099 leagely.

1 answer  |  asked Jan 18, 2004 3:30 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
An employer cannot refuse to withhold taxes with a 1099

You ask whether an employer can treat you as an independent contractor if you are really an employee. The answer is no, not legally.

Whether or not you are an employee or an independent contractor depends on your circumstances. Generally, the more control that the "employer" has over how you perform the job, the more likely it is that you are an "employee" and not an independent contrator. Importantly, the fact that your employer calls you an indpendent contractor or pays you with a 1099 will not change the actual nature of your relationship.

If you believe that you have been harmed financially as a result of the misclassification, consider a consultation. Call Bev Potter at 330.665.5445 if you are interested. A consultation lasts about 90 minutes. The fee is $200.

Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Jan 24, 2004 1:17 PM [EST]

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