Am I Being Misclassified As a 1099

**ConfusedInSc** · 12-06-2009, 08:30 AM

My question involves employment and labor law for the state of: SC.

I recently got hired at a medical office. I was told that I would be paid as a 1099 employee which I know doesn't exist. Upon review of 1099 Vs. employees it seems as though I should be classified as an employee of this company. My hours were set by my boss, I have a specific hourly wage, I do a specific job in which I received a "Job Description" and could be terminated for not following specific instructions.
Am I correct in my assumptions? If so how do I go about correcting this without losing my job?

**wendell holmes** · 12-06-2009, 11:52 AM

You have been hired as an independent contractor. If you contract says that, not much you can do to change that absent negotiating with your employer.

**PattyPA** · 12-06-2009, 02:43 PM

Probably yes, you are being misclassified. What exactly do you do there?

**ConfusedInSc** · 12-06-2009, 03:56 PM

Quoting PattyPA

Probably yes, you are being misclassified. What exactly do you do there?

Nurse/Patient Rep.

**PattyPA** · 12-07-2009, 05:23 AM

Yep, I can say with 99.99999% (want some more 9's?) certainty that you are being misclassified.

You know your employer better than we do, but you may want to show him this and see what he says:
http://www.irs.gov/pub/irs-pdf/p1779.pdf

Being new, if you don't want to address this directly just now, you can complete form SS-8 (you can also get that on the IRS website) and let them give you a determination in writing first.