Thank you for your response.
Your employer is incorrect and is attempting to get around having to pay unemployment insurance
for you and to pay the payroll taxes for you, in addition to the other benefits. Your employers failure to tell you that it was switching you to a 1099 instead of a W2 is illegal, as is your employer secretly taking you out of health insurance
You can sue your employer for this under ERISA (a federal insurance statute) and under COBRA. You may also file an SS-8 with the IRS for a declaration that you should be an employee
rather than independent contractor. Your classification is not something that your employer may simply choose. If you have to go into work, are managed, and your employer controls you, then you are not an independent contractor. An independent contractor sets their own schedule, supplies their own tools, and is not managed when they work.
I would suggest starting off by telling your employer that you talked to a lawyer and that what they did is not legal. Tell them that if they do not change you back to w-2 status and start making payroll payments and re-enlist you in the health insurance plan, you are going to have to report this to the IRS and to the Department of Labor
, as well as sue them under federal law.
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