Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had a person who worked for me for 2.5 years and I asked…

Customer Question
I had a person...

I had a person who worked for me for 2.5 years and I asked if she wanted to continue with 1099 form as she worked for me a couple of weeks a year before then and asked if she wanted to continued as a 1099 or regular emplyement

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

In montana

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She said she do her taxes herself. and then she said she hurt herself at work and I was told I didn't have to pay workman's comp on a 1099

Submitted: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
10/2/2017
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
Experience: Exclusively practice labor and employment law.
Verified

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 7 months ago

Someone who is been working for you for 2 1/2 years, probably cannot be classified as a 1099 worker. In other words, if her regular employment is with you, she's relying on that job financially to support her, you're controlling her work, her schedule and how she does her work, then you really don't have an argument that she's a 1099 worker. There are significant penalties for not caring workers compensation insurance on employees. Thus, my best advice to you in the situation would be to determine what her medical bills will be as well as lost wage from injury and offered to compensate her some amount for that rather than her going in filing a lawsuit or filing with workers comp against you in which case will be penalized by the state quite significantly.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 7 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,962
5,962 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,962 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm not sure if this is qualifies as a employment law
I'm not sure if this is qualifies as a employment law question, but here go: … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Just had a couple of questions regarding employment laws for
just had a couple of questions regarding employment laws for Exempt Full time salaried employee … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
Do you deal with employment law? A company is running a
a company is running a background check on me I was just wondering if I need to disclose a civil lawsuit that was dismissed almost 7 years ago … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I have a question on employment law, particularly during the
i have a question on employment law, particularly during the termination process and two weeks notice policies … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
Zoey, I would like to have a NYS Worker Compensation Board
Hi Zoey, I would like to have a NYS Worker Compensation Board judgment vacated as I defaulted over six years ago. The debt that is claimed definitely is not mine. Can you, please tell me how to begin?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
California Workers' Compensation... California Workers'
California Workers' Compensation... California Workers' Compensation Question: Returning to Work My claim ended 4.8 years ago with my keeping the Future Medical; (I am currently receiving physical the… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need help with employment law, i believe. My HR department
Hello, I need help with employment law, i believe. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Do you handle employment law, for unpaid wages and overtime?
Hello, do you handle employment law, for unpaid wages and overtime? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
NY worker compensation first time penalty can be contested?
NY worker compensation first time penalty can be contested? I opened a consulting company location in NY and ADP forgot to add the WC in time. This I have a huge penalty from state of NY. What is the … read more
KLAW
KLAW
Juris Doctorate
2,115 satisfied customers
I have appealed a workers compensation case for cardiac
Hello, I have appealed a workers compensation case for cardiac arrest in Tennessee. I cannot locate an attorney to take my case. This is the last communication I received from my mediator. ****Defense… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Must I bring back an employee from Worker's Compensation who
Must I bring back an employee from Worker's Compensation who has been off work for 8-months? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,919 satisfied customers
I'm currently on workers compensation in south carolina
Good evening. I'm currently on workers compensation in south carolina recovering from an electrical explosion 7 months ago. I was burned over face, arms, hands, shoulders and and received skin grafts … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I have an employee that has been on workers compensation
Good morning, I have an employee that has been on workers compensation leave since June. I offer health insurance as a benefit paying 50% of premiums. Employee pays 50% and is deducted from paycheck. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I have a question about my illinois workers compensation
I have a question about my illinois workers compensation claim. … read more
John
John
Employment Lawyer
5,962 satisfied customers
My worker's Compensation was closed 8/10/17. The attorney
My worker's Compensation was closed 8/10/17. The attorney took his money and I did not owe COB-R any money. When and how should I get what is due to me? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is a question with regard to my workers compensation
This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Se… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
One of my workers filed for workers compensation and will be
One of my workers filed for workers compensation and will be out for over two months. My business has begun to have hardship because of this (We are a Veterinary Clinic)(We only had 3 vet tech workers… read more
Thelawman2
Thelawman2
Doctoral Degree
1,356 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x