Legal Question in Employment Law in Virginia

Ooo! Bad, bad, bad.

Almost nobody understands the difference between an employee and a "contractor" (1099 employee).

99% of the companies that hire 1099 employees (contractors) do not understand what it means, do not do it right, and do not realize they are doing it wrong.

However, technically, as a "contractor" you are supposed to be hired to achieve certain specific OUTCOMES (products, deliverables, goals). You are supposed to use your professional judgment about HOW to do the work, including WHEN to do the work, as long as you meet any agreed deadlines.

So, generally, for a company to require you to be on duty for specific hours makes you NOT a 1099 contractor (no matter what you are called or you think or they think). If the IRS came in and looked, they would say you are actually an EMPLOYEE, not a 1099 contractor.

I am being very general of course. They would look at a couple dozen factors and consider the TOTAL picture, not just this one factor alone.

But in general working a specific schedule makes you an employee, not a contractor (1099).

EXCEPTION: If being present is ESSENTIAL (absolutely unavoidable) for the work, then maybe they can require you to be there.

Example: If they contract with a security firm to cover the front desk with a security guard from X AM to Y PM, then SOMEONE needs to be there during that time period. It would violate the contract if no one is there.

On the other hand, if you could do the work any time, then a 1099 contractor uses his or her professional judgment and can do the work whenever seems best... as long as you get it done with the required QUALITY, and ON TIME (deadlines).

WARNING: This is the law. Trouble is, almost NOBODY understands this. So if you try to make ain issue out of it, almost NOBODY will "get it" and almost nobody will agree with it.

Therefore, you could be "right" but still get "canned." So you can be on the right side of things.... while you sit home without any work and no money.

Virginia is an "at will" state. So they can terminate you for NO reason at all.

The only power you would have if you really wanted to fight it would be to contac tthe Virginia Employment Commission and say they should be paying unemployment compensation insurance. Right now if you lose yoru job, you will have nothing.

But if you do that, it will be war, and they will hate you for it. So it might be an empty victory.