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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12476
Experience:  Significant experience in all areas of employment law.
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I entered an "employment contract" as in independent contractor.

Customer Question

I entered an "employment contract" as in independent contractor. The contract end date is 7/28/15. Payment is over $600 per month. It also states I may end the contract so long as two weeks notice are given, however I may face penalties. The employer did not have me sign a W2.
Can I break the contract without penalty from the employer since I was not given a W2?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Being an independent contractor is an alternative to being an employee. Only employees are provided with W2s. As a contractor you get a 1099. So, you cannot use failure to provide a W2 as grounds to break your contract. As a contractor, it would have been improper for your employer to provide you with a W2.
Regretfully, if you agreed to provide two weeks notice, you must do what you agreed to do or pay the penalties as outlined in your contract. I am sorry.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
Customer: replied 2 years ago.
Yes, I was mistaken in saying W2. I did not sign a 1099 either. Same answer I assume?
Because she is not having her contractors sign appropriate tax forms, she could be faced with penalties from the IRS, correct? Do you think that information is impactful enough to leverage for getting out of the contract?
Expert:  Patrick, Esq. replied 2 years ago.
Thank you for your reply.
A 1099 is not a document that you sign, it is a document that you receive from your employer at the end of the tax year. There are no "tax documents" that a contractor needs to sign to commence work as a contractor. If you did not receive a 1099 for the 2014 tax year, your sole recourse is to complain to the IRS, which may penalize your employer. However, this does not excuse you from your obligations under the contract. It is a completely unrelated issue, I'm afraid to say.
Again, please feel free to let me know if you have any further concerns.