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What Type of Employment is This? It Says it's a Part-Time 1099 Contract Job?

Discussion in 'Employment Contracts & Work Policies' started by mrsolodolo, Jul 2, 2017.

  1. mrsolodolo

    mrsolodolo Law Topic Starter New Member

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    I've been working for a small business for about 6 months now, we receive no benefits or workers compensation, and are paid bi-weekly. No taxes are taken out. I work between 30-40 hours a week. Is it not illegal to be a 1099 worker and a part-time worker for the same company?

    In quotes below is the AD I responded to and was given a handbook upon being hired.

    "Auction Listing and Setup person PART TIME 4-5 Days a week, 25-40 hours.
    - Must be willing/able to lot, picture, and describe 500+ items per week
    - digital photo / picture experience
    - Listing Items online - computer and internet
    - Auction and Antique experience helpful
    - Show up on time and follow directions
    - Report progress to management

    - Willingness to go above and beyond to get results
    - Organize items for auction
    - Ability to list move 30lbs
    - more tasks as needed
    Must be willing to fill in as needed to cover other positions and be cross trained for other departments.
    -This is a PT 1099 contract job - most of the time you will be looking at about 25-40 hours a week - you must be OK with this - If not please do not waste your time or mine. If you are not willing to do what it takes to succeed please DO NOT apply. We are looking for someone who is willing to grow as we grow - not someone between jobs - if this is you - please apply."

    There are set times for work (5 days a week, Monday, Tuesday and Wednesday 9:00 am - 3:00 pm, Friday and Saturday 8:00 am - 3:00 pm)
    We are not allowed to work unless it is at the scheduled time.
    we have to call our "manager" at work if we are going to be late or not able to come in.
    We have 2 "teams" of workers that do different things depending on the day. (I am a leader on one of the teams) We have "titles" for our positions.
    We have to be at meetings
    He buys the equipment we use.
    We receive training
    We can only work at his business.

    I don't understand how I can be considered a 1099 worker. Any thoughts or input is greatly appreciated! Thank you! awww.expertlaw.com_forums_images_smilies_smile.png
  2. army judge

    army judge Super Moderator

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    Your answer might be received by initiating a discussion with the person (or entity) that placed the ad.

    Words from strangers won't persuade the person paying you to change your status, but it could induce said person to terminate the arrangement.

    If you dislike the terms and conditions you are free to find more suitable employment elsewhere.

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