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Employment Status Question Florida

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  • Employment Status Question Florida

    I have been employed by this company for almost 5 years. I am a salaried W-2 employee with health benefits making 49k yr. My boss notified me yesterday (via email) that effective "this pay period" which started 5 days ago, I will now be paid only 30k yr, no health benefits, and will be paid hourly as a 1099 worker. My most immediate question is, am I able to consider this change in status as being "terminated" from my employment? I would prefer to have all ties severed with this company, and would like to know if I would be eligible to file and receive unemployment while I find another job? I've always thought that being 1099 means a person is an "independent contractor" (self employed) since they are totally responsible for their own taxes, etc. Please advise.

  • #2
    If you didn't meet the criteria for IC status before, and you are doing the same job, you don't legally meet it now. What I don't know, however, is if the employer offers continued employment (arguably) in violation of federal laws and regulations (DOL and IRS for two) "under the table" if that is considered either 1) involuntary termination or 2) "good cause attributable to the employer" for you to refuse this "offer" and be eligible for UI benefits.

    Only the state UI agency would be able to offer you an opinion (if they'll even do that; some states won't). You can certainly try contacting though and take a shot.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you so much for your answer! I will try to get in touch with our UI office and see if they will give me a definitive answer on the matter.

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      • #4
        Agreed. You might also want to look at the IRS form SS-8. You could in theory file that and IRS could in theory reclassify you back to being an employee.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Thank you for your suggestion as well DAW. If I would ever consider staying with this company (boss), I would most definitely file the form to be classified back to employee.

          Unfortunately (or fortunately as the case may be) I have no intention of staying. That's difficult to fathom considering the current economy, but I think his actions this time are the "final straw". This particular boss (who is actually one of the owners of the company) has been abusive since the day he took over and has spent over a year and a half trying everything he can do to get me to quit. I truly cared about the company and stayed throughout all his torment, but his action this time (the reduction in pay, removal of benefits and change to 1099) will succeed in pushing me out the door. I'm only hoping that the way he did it will in fact backfire on him this time and I will be eligible for UI while looking for a new position. Note: it has been his M.O. to push employees until they quit so they in turn would not be eligible for UI.

          I'm hoping to find a definitive answer on this soon, as I have not yet responded to his email. Either way I will be leaving, the question will be whether it's as a termination or voluntary quit.

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