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What type of employment is this? It says its a part-time 1099 contract job? Arizona

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  • What type of employment is this? It says its a part-time 1099 contract job? Arizona

    Thanks everyone
    Last edited by mrsolodolo; 07-05-2017, 08:58 AM.

  • #2
    1099 work can be part time. The items you highlighted don't automatically make you an employee rather than contract labor. The fact that you can't work elsewhere would be an issue.

    Read over the attached link for more info.

    If you think you are an employee, you would need to discuss it with your employer. If your employer fires you for making waves, file for unemployment.
    It will not be easy since there will be no records of your wages. If you haven't reported this income to the IRS and paid your taxes, filing for unemployment might open you up to a tax problem.

    Next step would be to file a form SS-8 with the IRS for a determination.


    • #3
      You may or may not be legitimately a 1099 IC, but as I told you elsewhere, few if any of the factors you are holding to are definitive. I posted a link for you elsewhere of the IRS checklist - did you read it?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        A 1099 CONTRACTOR (not worker, workers are employees) can be part time.

        Out of your list, some factors have no relevance whatsoever. Others are gray areas, like having to call the manager if you won't be in. Contractors can still be expected to work certain hours or be present when there are important tasks to complete. Definitely your most compelling factor is that you can't work for anyone else-but what proof do you have of that? Do you have something in writing where you were told that, or was it only verbal, so it's your word against his?

        The only sure way to know is file Form SS-8, which you can get on the IRS website. And as HRinMA pointed out, know that if you open that can of worms, you'd better have paid taxes on this money yourself.


        • #5
          What was put in the job advertisement is all but useless for determining status. What matters is reality. Are you saying you work this contract job AND a "regular" PT job for the same place? If so, are the duties the same? It isn't always illegal to be both a contractor and an employee if the duties of each qualify. It is rare, but I have employees/contractors here and it is totally legal.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.