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that is correct. The stuff on the list are the criteria the IRS uses to determine status. It is a good summary of the questions asked on form ss-8. There are cases where a person is 1099 and a couple of points on the list applies but in most cases if more than a few apply you are an employee and the IRS nearly always rules employee.
If it's any consolation, I'm in the same boat as you. My contract ended a few weeks ago and my agency has extended my contract indefinitely. No one has discussed making me a full-time employee and my boss has done very little training nor explaining things to me. The gal in my cubicle next to me was here over a year and they just made her full-time. The only good part is making ok money.
that is correct. The stuff on the list are the criteria the IRS uses to determine status. It is a good summary of the questions asked on form ss-8. There are cases where a person is 1099 and a couple of points on the list applies but in most cases if more than a few apply you are an employee and the IRS nearly always rules employee.
There are cases where a person is a 1099 and answers most of those questions yes. It's more about degree, but even then, that really says little.
For example, I provide THE key service that is the reason for companies to exist. I'm Mr. Front Line. That's a big check mark on the "employee" column. My services are completely integral and without them and the other workers (all of whom are contractors) there would be no business. We're still independent contractors. Likewise, most places are seriously anal about "agency" contracts as we call them. That's explicitly in our contractors. The face-to-face is to be done by YOU personally and not contracted out to someone else. Continuing relationship... it's a small field, people have ongoing relationships from the day they start until the day they retire. Check for employee. There's others, but those are the big "employee" items where we very strongly look like employees. For example, it's abnormal for us to be paid expenses or paid per time interval. It happens but isn't the norm. Generally we cover our own expenses and are paid per assignment.
Now, some of the people working for the government as long-term contractors? They're definitely employees. If it ever got challenged, the government would lose that. There's a few items that are not emphatic yeses for long-term government contract workers. There are people that do that for two or three years at a time, five days a week. Nobody has ever challenged it since historically you usually did that for 6 months or a year as a probationary period. It's just been recently with the budget that they don't hire employees anymore. They also have some legitimate contractors. I've done contract work for the government, but it's short term. I don't have office space, don't work full-time, accept or reject assignments individually depending on my availability.
So use your experience to find a full time job with benefits? What are you waiting for? If you can't find anyone else to hire you and give you benefits after over a year of experience, then maybe you should rethink your career path.
So use your experience to find a full time job with benefits? What are you waiting for? If you can't find anyone else to hire you and give you benefits after over a year of experience, then maybe you should rethink your career path.
Who says I can't find someone to hire me? I haven't been actively looking until recently. I'm simply explaining my experience with the job, and moving on.
Who says I can't find someone to hire me? I haven't been actively looking until recently. I'm simply explaining my experience with the job, and moving on.
You've been without benefits for over a year and you just now started looking? Your making it sound like some horrible job. I would have been looking since day one for something better. If you don't care, why should your employer?
Who says I can't find someone to hire me? I haven't been actively looking until recently. I'm simply explaining my experience with the job, and moving on.
Why don't you unionize with your contract coworkers to demand FT status? Don't quit in this economy, just don't work unpaid OT for them.
Agreed if you find yourself working for a S_Thead company you should be spending every spare moment looking for a new job and heck if they are really bad you can even consider not giving them the courtesy of a notice though they may retaliate with a bad reference.
For example, I provide THE key service that is the reason for companies to exist. I'm Mr. Front Line. That's a big check mark on the "employee" column. My services are completely integral and without them and the other workers (all of whom are contractors) there would be no business. We're still independent contractors. Likewise, most places are seriously anal about "agency" contracts as we call them. That's explicitly in our contractors. The face-to-face is to be done by YOU personally and not contracted out to someone else. Continuing relationship... it's a small field, people have ongoing relationships from the day they start until the day they retire. Check for employee. There's others, but those are the big "employee" items where we very strongly look like employees. For example, it's abnormal for us to be paid expenses or paid per time interval. It happens but isn't the norm. Generally we cover our own expenses and are paid per assignment.
The simplest definition of an independent contractor is someone hired for an individual project of defined scope and length like I mentioned design a web page or build a roof, then the contractor completes it and moves on to the next job. If you show up day after day, are given work by a supervisor, and are paid by unit time that is an employee relationship and needs to be w-2.
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