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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Can a company dictate the times a 1099 person works as well

Customer Question

Can a company dictate the times a 1099 person works as well as the timeliness of the work to be performed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

There is no law that inherently prohibits these things. However, the greater the degree of control the employer exercises over the worker, the more likely it becomes that the worker's classification as a contractor (rather than an employee) will be deemed improper. See here for more information. Ignore the fact that the linked publication is supplied by the State of Oregon as the publication is summarizing the IRS standards for determining classification which apply the exact same in all 50 states.

You may wish to argue to your employer that by imposing the level of control on the time you work and the timeliness of the work you perform, that they are potentially risking your contractor status. It would be prudent not to make this point in a threatening type way but more in an informative type way that is likely to trigger a constructive dialogue rather than aggression and animosity.

I hope this this addresses your concerns.

Kind regards,

Patrick

Expert:  Patrick, Esq. replied 1 year ago.

Was I able to answer your question?

Expert:  Patrick, Esq. replied 1 year ago.

Please don't forget to rate my service if I have answered your question. This is the only way that I am paid for my time and so if very much appreciated.

Kind regards,

Patrick

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