Legal Question in Business Law in New York

For 7 yrs I have worked for a company and have been paid as a 1099 worker. This is the my only job, as I work there full-time. Occassionally I work a few hours a month at another establishment, but nothing regular. I have no control over the hourly rate I am paid by the company, and I am expected to be there every day, and work a full day. I do not come to work as an expert and work independently of everyone else. I work as someone performing the duties of a full time bookkeeper. My employer paid for me to get my college Accounting degree so that I may be able to perform more duties and possibly eventually become a CPA. I have always felt that there was something wrong about this arrangement. It seems to me that I should be considered an employee and have all of the benefits that an employee has. I do not have any benefits from them, no taxes are paid on my behalf, I do not get health insurance which all of the employees have, they have not paid unemployment insurance on me, I get no paid days off, etc. Is this right?? Am I correct in my assumption that the company should be treating me as an employee? Am I entitled to unemployment?


Asked on 7/28/15, 11:43 am

1 Answer from Attorneys
SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

You can definitely be characterized as an employee. You should be on the payroll W-2 with disability insurance, workers compensation and unemployment compensation insurance. You can go on the books but get paid less in the end depending on the number of employees at the company. Think before you leap.

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Answered on 7/28/15, 12:55 pm


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