Please check the first link offered in my Resources section as the IRS offers detailed information about employee v. independent contractor. In addition, when you go to that page, you’ll find information about Form SS-8. You may want to fill it out and submit it to the IRS for a ruling, which can take six months to be finalized.

I hope things work out for you. It makes me mad when companies cross a boundary line and take advantage of people who are, in fact, employees.

They are in another state and I act as their field representative ensuring their product gets on the shelf they send me a 1099misc. And claim I am not employed by them, yet they tell me when and how I should work, they set the hours, no vacation or sick time.

No reimbursement for travel expenses, no benefits, no workman’s comp.
I am on my own to pay all taxes, health insurance etc yet they demand me to work everyday at the same establishment and at set hours.

I feel I am being taken advantage of and they are indeed my employers
trying to get out of paying the IRS what do you think?

This post was mentioned on Twitter by wordjourney: Are you really an independent contractor? The IRS has a means test to help you find out: http://bit.ly/independent-contractor...

I work strictly as a freelancer and have several clients who I have relied upon for one or more years. I am aware of the law and make sure that the boundaries remain in place; if changes come up to threaten my work status I alert my clients.

Too bad that the onus of law wasn’t placed on the shoulders of the employer in your brother-in-law’s case. These people knew what they were doing and should have been held accountable by paying fines, interest payments, back taxes, and more. Not criminal prosecution, but restoration including what the employees owed.

Even though it smacks of manipulation to me, it is an acceptable business practice among these men. It is one thing to do that to an adult who knows what they are getting themselves into, but to do it to a young man who is just learning how the world operates is a travesty. I have gotten myself into trouble with some of these people because I spoke out against it so strongly.
.-= LD Jackson´s last blog ..The Public Option: What’s the Big Deal? =-.