Did this employer misclassify his employees as independent contractors?
Did this employer misclassify his employees as independent contractors?
My wife’s employer considers her an independent contractor and gives her 1099-MISC form. He does not control her working schedule (but often asks for overtime which is not paid extra), he gives her a choice of working from his office or from our home, but he pays less (about 75%) for working from home. He gives exact instructions on what should be done and what tools should be used. He is a psychopath and curses everyone, if job is not done the way he wants. He frequently fires people if he is in a bad mood by yelling “get out of here”.
1. Did he misclassify his employees as independent contractors?
2. If so, then what is the legal way to correct this: by reporting him to IRS, or suing him?
3. How can he fire someone who is not his employee? In order for someone to be fired, that person should have been hired in first place. Can a “fired” independent contractor come back next day, demanding continuation of his contracting?
Traffic Lawyer Richard Simon’s Answer
1.I would need more evidence on the classification because from what you have stated her classification is questionable.
2. Stated and federal department of labor is your first.
3. He is not technically firing them, he is ending their contract with him as an independent contractor and yes they can demand their job back but who would want to work for a creep like that anyway.
4. You should contact a wage and hour lawyer