Have you been misclassified as an independent Contractor in New Jersey or New York? Many employers will label workers as independent contractors and pay them as a 1099. Your employer may be violating the law if it has misclassified you as an independent contractor. Your employer is required to withhold taxes, pay social security taxes, medicare taxes and unemployment taxes. You may also be entitled to additional benefits that employees already receive.
In order to determine whether you are actually an employee, and not an Independent Contractor, the court will look at: (1) whether the employer controls or has the right to control what work you do and how you do it. (2) Does the employer provide you with the tools to do your job, reimburse you for expenses? (3) Do you receive any benefits from the employer? and (4) is the work you perform for the employer a key aspect of the business?
If you answered yes to these questions and are paid as a 1099 Independent Contractor, you should contact our firm for a free consultation.
September 22, 2011 – Tom McKinney – Castronovo & McKinney