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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39139
Experience:  Retired (mostly)
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For a temp worker on temp contract, do i need to issue w2 or

Customer Question

For a temp worker on temp contract, do i need to issue w2 or can i issue 1099 for the tax ?
If i sign a 3 months contract as a temp job, can i renew for another 3 months or i have to change her to permenant employee ?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
California law is extremely hostile to the concept of 1099 contractors. In order to determine your risk of being fined for misclassifying the worker, please review Employment Development Department Form DE 38. This is the same form that the state investigator would use to determine your obligation to pay a worker as a 1099 contractor or a W-2 Employee.

Once you determine the likely result of an EDD investigation, you can then weigh the benefits and risks and decide which way you want to go.

Hope this helps.

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