I only found out a week ago, but apparently my janitor job is saying I need to use 1099 for taxes and are saying I'm an independent contractor. Except by all legal definitions I am treated like an employee. I don't bring my own equipment, I don't set hours, my company sets my pay rate, my company gives me a sheet with what work I do…
For my context about my job, I got it through a program for those with mental disabilities (I'm classified as learning disabled and was having a hard time finding a job). I work at a business park which is owned by the company that has the program I used. (I would give more details but I don't wanna dox myself) Said company is a non profit organization. I have a job coach(part of the program) a supervisor and a manager. The manager and supervisor are part of the company and not the program.
I figured out that they are calling me an independent contractor when I realized that my 15 minute break isn't paid (any break under 20 minutes need to be paid according to my state department of labor). I confronted them about this and they told me that I'm an independent contractor according to them. So I spent all Tuesday sleepless looking up the law about independent contractor and employee. On all accounts I'm an employee. I just don't see how I'm not.
I asked my job coach and after some calls I got told that it's because they are a non profit and I'm a client of the program that I'm an independent contractor. This isn't legal right. There isn't some loophole I'm missing? I'm not the only one either. There's a work division from the company at the business park with at least half the workers there being considered independent contractors too(yet also employees by legal definition). All of them are part of the disabled program and don't seem smart enough (Is that mean to say) to understand that they are being screwed. I would try to talk to them about this, but I'll get fired and kicked out most likely.
Is this a big legal case or something. How do I report this and how do I deal with the IRS and the 1099? I'm young and well learning disabled. I don't really know what to do.
I'd love if someone could tell me how I'd report them or who can help me report them. (Apologies this post is a copy because I'm working, but I want help.)