Can an employer decide to change an employee from full time status to independent contractor?

lawlawguy123

New Member
If I have been working as a full time employee at a company (5+ years), can the employer legally decide to change me to a 1099 independent contractor without my consent? I work from home 4 days a week and work in the office once a week. I use company computers and software. I would be performing the exact same work I am doing now.

And this is not a situation where I am offering to do, for example, landscaping for the building on the weekend on the side. I would just be doing the same work I am now.

I am a full time W-2 employee with tracked hours and tasks completed with delivered work. I used to be in office every day full time for the first 4 years of employment until the office moved a year ago. The employer dictates the hours worked, 9 - 5 Monday - Friday. This is in Chicago, Illinois.
 
Let's put it this way. It would be legal, as long as you qualified to be an IC. Whether you would qualify is a different matter.
 
I am a full time W-2 employee with tracked hours and tasks completed with delivered work. I used to be in office every day full time for the first 4 years of employment until the office moved a year ago. The employer dictates the hours worked, 9 - 5 Monday - Friday. This is in Chicago, Illinois.

If your employer is seriously proposing this change I strongly suggest that you thoroughly educate yourself about the employee vs independent contractor issue.

Start with the IRS:

Topic No. 762 Independent Contractor vs. Employee | Internal Revenue Service

Independent Contractor Self Employed or Employee | Internal Revenue Service

The IL Dept of Employment Security has resources about the state's position:

IDES - Employee Misclassification Hurts Businesses and Employees

Here's a link to the IL Employee Classification Act:

2017 Illinois Compiled Statutes :: Chapter 820 - EMPLOYMENT :: 820 ILCS 185/ - Employee Classification Act.

An article about how strict that law is:

Illinois Supreme Court Upholds One of the Nation's Strictest Worker Misclassification Laws; Employers May Face Millions of Dollars in Penalties | Employment Law Spotlight

The IL Supreme Court's decision in the case cited in the article:

FindLaw's Supreme Court of Illinois case and opinions.

Many more case decisions involving the act:

Google Scholar

I know that's a lot to study but if it turns out that you would be illegally misclassified you would be able to show your employer the potential consequences of changing your status.
 
Let's put it this way. It would be legal, as long as you qualified to be an IC. Whether you would qualify is a different matter.


Great, spot on information.

The squeaky wheel gets oil, or sometimes REPLACED.

There are no laws which provide any employee GUARANTEED employment.

Quarrelsome employees receive "pink slips".
 
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