Legal Question in Business Law in Virginia

since my employer issues a 1099 instead of w-2 he doesn't carry workers comp insurance and told me it is my responsibility is this true?


Asked on 4/29/11, 11:24 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if you are an independent contractor rather than a regular employee of three or more.

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Answered on 4/30/11, 8:23 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I think there's a lot more to it. Many employers try to escape their employment tax and workers comp obligations by classifying workers as 1099 independent contractors instead of employees (which they really are). When investigated, they are almost always found to be in violation of the law. You should contact your local employment development or labor department to report what's going on. They will investigate and take corrective action. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/30/11, 8:32 am


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