Employment Law

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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: 10 months ago.Category: Employment Law
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Answered in 1 minute by:
10/2/2017
Employment Lawyer: John, Employment Lawyer replied 10 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,041
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.

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Employment Lawyer: John, Employment Lawyer replied 10 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.

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Employment Lawyer: John, Employment Lawyer replied 10 months ago

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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.

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