I've worked for my employer as an IT consultant since last year in November. I was given and filled out a W-4 upon starting then received a 1099 showing me as a non-employee contractor with no withholding as I requested for taxes. I'm angry in that I have to pony up the withholding. My boss says this is their 90-day review process, and everyone goes through it at the company before having taxes withheld and my rate renegotiated. I get asked to work much overtime without pay. Is this legal?
Answer
So were you working as an "independent contractor" only for 90 days or for an entire year? Classifying you as a 1099 worker for a 90 day probationary period does not sound legally sustainable especially since they then turned around and treated you as an employee. Illinois has a very stringent test for determining if a worker is an independent contractor. Consider consulting with a qualified employment attorney.
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