Am I 1099 or W2 employee

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I 1099 or W2 employee

I work for a company that classified me and several others as 1099 sub-contractors but require everyone to be at mandatory company meetings, upon being hired sign a no compete clause, we have set hours of when to work, the company provides all tools and vehicles,

computers and industry designed software, and insurance for all of the vehicles used within the company, the company does all of the hiring and firing, also the pay is set by them on there terms. The employer controls all actions of the employees. Employees

are told when, where, and how to work. The company does not offer employees any benefits or healthcare insurance?

Asked on December 27, 2017 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The facts that you cite--the degree of control exercised by the employer (setting hours; requiring presence at meeting; providing all tools; "control[ling] all actions of the employees")--indicates you are most likely employees (W2) not independent contractors (1099). As the term "independent contractor" implies, independent contractors possess a great deal of independence from their clients or employers.
Note that an employer does not need to offer benefits or insurance to employees, so being an employee does NOT guaranty you will get those things. What being an employee would mean is: 1) they have to pay the employer portion of social security/Medicare taxes for you; 2) they have to contribute to unemployment for you, so that would be available; 3) if you are hourly, you must be paid for all hours worked and overtime when working more than 40 hours in a week.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption