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Can a 1099 be asked to sign an employee handbook? Not a

Customer Question
Can a 1099 be...
Can a 1099 be asked to sign an employee handbook?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: not a lawyer HR is requesting
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Im in Texas the company is in California. Work at Will
JA: Anything else you want the lawyer to know before I connect you?
Customer: Years ago I was a W2 and than they changed me to 1099 at the NET amount
Submitted: 1 month ago.Category: Employment Law
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Answered in 1 minute by:
11/6/2017
Employment Lawyer: Roy Hadavi,
 replied 1 month ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 973
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: The employer may not require an independent contractor to sign the employee handbook. In fact, doing so places the company into a risk of liability from the independent contractor, because the independent contractor can claim they are an employee, since they signed an employee handbook.

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Customer reply replied 1 month ago
The company sends me a 1099 as stated. but reimburses me for expenses but does NOT pay my Federal Texas. IF I should be terminated at some point in the future the only way I would be entitled to unemployment would be IF I had signed the handbook correct otherwise I would have no recourse correct?
Employment Lawyer: Roy Hadavi,
 replied 1 month ago

No, that is incorrect. You would need to review the Department of Labor's Independent Contractor Test to determine whether the company has properly classified you as an independent contractor. Please click here to view the test.

If you determine that you should be classified as an employee under the test, then you would have additional grounds to claim that you are an employee. Signing the employee handbook would certainly help though.

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Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 973
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Experience: Attorney at Law Offices of Rosenstein & Associates

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