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1099/Commission/Draw Question Florida

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  • 1099/Commission/Draw Question Florida

    Backstory- I'm in my 4th week of training for a sales rep position for a window treatment shop. I was hired as a 1099, commission + draw worker. I was told I need to be there M-F 9-5 to help in shop, as well as do my outside sales calls. I 100% believe I should be an employee, but my sales mgr said the reason they are able to have me work fulltime as a 1099 is because I receive a draw. Is there any truth to that?

  • #2
    I can't say for certain, based on what you posted, that you are an employee (though I think so). What I can say for certain is that the payment of a draw does not mean that you are not-if anything it points the other way.

    The IRS has developed a 20 question test to help with this question. There is no firm number of yes or no answers that definitively answers the question, rather it's a matter of looking at the whole picture. But a lot of yes answers strongly indicates you are an employee.

    If you want a definitive answer, you can file Form SS-8 with the IRS and they will look into it. Obviously, there could be serious consequences to taking that step.