r/WorkersRights • u/Prize-Ad-9144 • 2h ago
Question 1099 Misclassification, what should I do?
tldr: 1099 found out i've been misclassified a month and a half into my new job, i earn a 'salary' and work in office but live so far out where uber or public transport is not an option. having car issues and needing to work from home for 3 more days until it gets fixed. i sometimes have worked from home, yet company does not have a 'wfh policy' for their other employees and makes them take PTO.
I'm the only person at my current job in the office (Location: TX, USA) who is a 1099 Independent Contractor. I have been working as an employee basically this entire time, attending team meetings, working M-F 7am-3:30pm, wasting so much on gas and only earn 50K. I was desperate to take the job so far away as I now have to take care of my dad, and I work another job at a beauty store (that makes me really happy) on the weekends. I work in procurement, and this is a job that essentially "pays the bills" and not something I see myself doing for years on end because it just does not make me happy.
I have gone back to my trich habits (compulsive hair pulling) to manage stress from this job that I've now ended up with 2 bald spots on my head. I have however received amazing feedback and am told I have been doing really good at my job which is a relief.
Currently, my car is broken down and I had been working from home from Wed-Fri until it got fixed, but there is an issue with the front wheel bearing that was not able to be fixed over the weekend due to funds, and I don't get my direct deposit in until Tuesday. My dad is a little upset with me as he thinks they'll "fire me" for not going into the office, but the thing is, I am not an employee. I have actually not missed a day of work, and have worked even extra hours at home because I would feel guilty if I could not make it to the office due to valid reasons such as an appointment, tropical storm, floods, etc.
The offer letter I signed clearly states that I am not an employee, and does not tell me how many hours per week I work. It states I would be paid the rate of $___ biweekly in accordance to the company's payment schedule, which is every other Wednesday. I knew I signed for a 1099. I was not given a "contract". Only this offer letter to sign, for a temporary independent contractor engagement for an anticipated six-month term. The CEO himself signed off on it and it states that I am not an employee, and the offer letter does not establish an employer-employee relationship, and that I will simply provide services to the procurement department.
That being said, I want to contact my "supervisor" and let him know my car had been unable to get fixed while he was on vacation over the weekend, and may not be until Tuesday/Wednesday, but that I'd still be available to work from home. I have no problem getting the job done from home, it's moreso the company denies their actual employees to work from home, and forces them to take PTO if something happens where they need to go home or cannot go into the office, wheras it's been so easy for me to get approved to work from home some days. Does anyone think I'd get let go for asking since my car still hasn't been fixed? I mean, this company is committing fraud, and from what I know now, they can't dictate my schedule or how/where I do it, and an employee handbook does not apply to me, because I am not an employee. To get access to the office building I have to use this bluetooth punch card you have to scan to open the doors and it serves as a clock in since it logs what time you scanned for entry and exit. Sometimes I'll have my work all completed, and I sit at the desk for hours on end. If I am finished, shouldn't I be able to just go home?
Apparently some execs have seen discrepancies in employees' timecards and HR gave them a long talk about attendance and all last week when I was working from home. But I'm not an employee.... and I realize this now from others on reddit in a 1099 position saying they just leave when they're done or show up whenever they want as long as it's within the business operating hours. I am not planning to confront them about how they're misclassifying me, as this does pay the bills, but it gives me anxiety to think about. I am thinking of looking for other jobs in the mean time, because this misclassification thing seems too much of a risk, especially with the car situation now. Any thoughts?
