I’ve determined (using multiple avenues) that I am misclassified as 1099 at my current place of work. I work remotely in a call center along with about 60 other people. We have directors/supervisors and even team leads over our department. We have 2 shifts to chose from (we have to stick with said chosen shift on a day-to-day basis) and both of those are 8 hour shifts + 1 hour unpaid lunch break at 40hrs per week. We attend mandatory meetings, trainings, refresher trainings and receive copious amounts of coaching. We also have to notify our leads of any time off or if we have to “step away” from our computer. We clock in an out daily. They continuously up our workload as well as our call metrics (we use CRM software so everything is tracked). I am also suspicious that a few of those in the call center are actually W-2, even if through an employment agency. They also provide all equipment. I think that covers the majority of it.
That all being said I was completely ignorant to Misclassification until recently. Upon the realization I went digging for documents signed at the time of hire. I remember there being a contract agreement but couldn’t locate it. I thought it might have been signed online via a link so I reached out to HR and requested a copy which I just received today. And low and behold it clearly states “You will perform the services described in Schedule B. You are free to choose when and how to complete the services. However, it is expected that you will meet reasonable deadlines requested by (insert company name). For reference schedule B states nothing about hours, scheduled times, meetings, nothing of the sort.
My question is, what do I do next? Do I reach out and air my grievances requesting a status change? Do I just leave because it’s absurd to have no control over my schedule or any flexibility? I’m slightly worried about there being retaliation if I bring this to their attention considering the size of the company and # of those classified as 1099. Any and all advice appreciated!