[QUOTE=Taxing Matters;1063472]Independent contractor situations are contractual arrangements. The contract may be oral; no law requires that it be written. The problem with an oral contracts for personal services is not that oral contracts are invalid, just that it is harder to prove the terms of the deal in court with an oral contract.



The person or entity that hired you should have got your W-9 information in order to complete the Form 1099s that it must file. It does not have to use the Form W-9; if it has the needed information some other way that’s fine. There are some risks not using a W-9 and getting the information some other way, but that's for the employing person to decide how to get the information. In any event, the failure to have you fill out a W-9 does not by itself mean you are not an independent contractor (IC).

The focus of the independent contractor determination is looking at the degree of control you have over how, when, and where you perform the work. The more control you have over the details of the work you do the more likely it is that you are an IC.
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Thank you for your reply!

From my understanding even if you have a verbal or written contract they do not necessarily mean it is binding if the law says you are misclassified the agreement no longer matters. I would think every employee misclassified as an IC had some sort of verbal or written agreement or they would not be doing the job.

In my case I had zero control over where I worked. He even had two warehouses and at times would tell us to work in one of them instead of the shop. Taking any camper off of the property was never an option. Also if I am working at the pace of the owner due to him not buying materials would he be controlling how I worked? For instance the materials we were waiting on were for the walls and ceiling. Without those we couldn’t put in the cabinets and such so now he has controlled what I can or can not work on and yes we had to stop what we were doing several times because of it. It wasn’t an instance where we could just go pick them up and I didn’t have a truck even if I wanted to. He was dealing directly with his client and quoting the prices etc. He controlled which campers to work on and the prices and we could not restore any other campers until we finished the one we were working on (other than the hourly work which was the business owners campers and at such point would tell us which camper to work on and what work to do to them).

His shop not having heat, plumbing etc also determined when we could work on certain things at some points and even determine if we could work at all in some instances. Also there was a point we didn’t even have materials to do the work. You can’t exactly use a spray gun etc for staining and shillac in 5 degree weather. However there was no schedule.

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Independent contractor situations are contractual arrangements. The contract may be oral; no law requires that it be written. The problem with an oral contracts for personal services is not that oral contracts are invalid, just that it is harder to prove the terms of the deal in court with an oral contract.



The person or entity that hired you should have got your W-9 information in order to complete the Form 1099s that it must file. It does not have to use the Form W-9; if it has the needed information some other way that’s fine. There are some risks not using a W-9 and getting the information some other way, but that's for the employing person to decide how to get the information. In any event, the failure to have you fill out a W-9 does not by itself mean you are not an independent contractor (IC).

The focus of the independent contractor determination is looking at the degree of control you have over how, when, and where you perform the work. The more control you have over the details of the work you do the more likely it is that you are an IC.
Also I’ve still not received a 1099 from them for last year.

Another piece of info I don’t know if it’s helpful but during my time there I only received hourly pay and never received any money otherwise