This is in California. Other details changed for anonymity.
My friend “Gary” got a job last year working at an office doing logistics. His offer letter stated his title, his salary of $20/hr, “health benefits” (verbatim), no PTO, and a start date.
All of last year he got paid with a company business check (the type they use to purchase business items or pay bills on behalf of the company). He didn’t get a wage statement, no taxes taken and the health benefits he was offered were never given. When he brought it up to his employer, they stated it was coming soon, but it never came.
This year he gets a 1099 instead of a W-2. His job entails doing the core responsibilities for the company. Including logistics, inventory, and customer service.
Gary is upset because he feels he was swindled into being classified as a contractor instead of an employee and is now worried how much taxes he’s going to owe as a result of this. They still treat him as an employee, mainly in having to request time off (without PTO) and has to use his personal phone for business purposes.
Any advice on how to remedy this? He wants to do the right thing, and all he wants is to be given the terms of his employment as was offered.
What options he can take?