Legal Question in Employment Law in Illinois

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?


Asked on 2/05/15, 4:21 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

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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Answered on 2/06/15, 12:17 pm


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