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Posted on September 25, 2024 in Wrongful Termination
Whether you work on a W-2 or as a 1099 independent contractor, you have rights. While you do not have the same protections as a formal employee, state and federal law afford you some rights, including protection from wrongful termination. In this way, wrongful termination can apply to 1099 independent contractor rules, depending on the circumstances of your case.
Suing your employer may be necessary if your life has been turned upside down by wrongful termination. In doing so, not only could you recover the compensation and benefits you lost when you were wrongfully terminated, but your employer could be sanctioned and face other penalties, which could potentially prevent the likelihood of wrongful termination in the future. A wrongful termination lawyer in San Diego can help you navigate the complexities of this claim. Here is more about when 1099 independent contractors are protected by wrongful termination laws and what to do if you believe wrongful termination applies to you as a 1099 independent contractor.
In the state of California, independent contractors are classified differently from employees for tax reasons according to Assembly Bill 5. When working as an employee, you would be required to complete IRS form W-2. However, independent contractors work on what is known as IRS form 1099-MISC.
How much control the hiring party or employer has over the worker will determine how they should be classified. The more authority your employer has over your job and responsibilities the greater your chances of being classified as an employee. If the company determines how, where, or when your job is conducted, the IRS may consider you an employee.
Your classification could have a significant impact on your tax responsibilities, including whether Social Security, unemployment, income tax, and other obligations are withheld. People who work as independent contractors are required to pay these tax obligations out of their own pockets. This means these costs are not deducted from their payroll.
Even though you may or may not be considered an employee, you may have protections against wrongful termination. This is particularly true if you blow the whistle on state or federal violations, such as sexual harassment, or refuse to comply with an order to violate state or federal law.
If you have a contract with your employer but are considered an independent contractor, wrongful termination could be considered a breach of this contract. For instance, if the contract states that your employer must give you three months notice before terminating the contract, but they only give you one week’s notice, you may have the right to file a wrongful termination complaint against them.
If you are considered a 1099 independent contractor and believe you have been wrongfully terminated, you may have the right to file a complaint against your employer. With the resources and trial experience of a reputable San Diego employment law attorney from Walker Law, you may be able to recover the compensation you need to pick up the pieces of your life.
Find out whether you have grounds for a claim when you contact our law office to schedule your free, no-obligation consultation. You can reach us by phone or through our secured contact form to get started on your 1099 independent contractor wrongful termination complaint as soon as today.