Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

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

Customer Question
Can a 1099...

Can a 1099 be asked to sign an employee handbook?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

Not a lawyer HR is requesting

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Im in Texas the company is in California. Work at Will

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

Years ago I was a W2 and than they changed me to 1099 at the NET amount

Submitted: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/6/2017
Employment Lawyer: Roy Hadavi,
 replied 3 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,126
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.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Employment Law Question
Customer reply replied 3 months 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 3 months 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.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,126
1,126 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi 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

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Qualifying for a new period of unemployment insurance.
Qualifying for a new period of unemployment insurance. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
As a salaried employee whose company requires a 50hr work
As a salaried employee whose company requires a 50hr work week , Is it appropriate for ones manager to state, "well if you have to work 80hrs work 80hrs". What is the protocol can one be demanded or s… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The National Labor Relations Board is representing me and my
The National Labor Relations Board is representing me and my union in a case against my former employer. I was wrongfully terminated and retaliated against for being the Union Organizer by my former e… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The labor commmisioner had awarded me $90,047.00 but my
The labor commmisioner had awarded me $90,047.00 but my employer is threatening to file bankruptcy if I don't accept $30000 offer. Should I settle for $30000? … read more
socrateaser
socrateaser
1,031 satisfied customers
I'm looking for a labor lawyer that has exceptional
I'm looking for a labor lawyer that has exceptional knowledge of exempt employees laws but also has experience dealing with employees with disabilities. I want to find out if I have a case for a work … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
According to Indiana labor law do I have to pay a salaried
according to Indiana labor law do I have to pay a salaried employee for overtime? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a current job in which the handbook has an at will
I have a current job in which the handbook has an at will policy but I also signed an employment contract to give 4 weeks notice. Due to personal reasons I can no longer work the hours the job entails. (10-7) I have found new employment but they can't wait 2 weeks. I gave notice last week and told them that I can work normal hours for the next 2.5 weeks and then after 3:30 the following 2 weeks. Now after accepting the resignation last week, I received an email about needing to give 4 weeks. I was looking to see if there is something they can do against me because of this. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Can you require salaried exempt employees to make up time on
Can you require salaried exempt employees to make up time on a 9/80 schedule when a holiday (8 hours) falls on a 9 hour day? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I received a notice from Pennsylvania department of labor
I received a notice from Pennsylvania department of labor stating there is a lien against me for failure to pay fault overpayment, in the amount of 8,853.00. It's been over 20 plus years thst I even r… read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
We have a dismissed employee asking us, per our handbook's
We have a dismissed employee asking us, per our handbook's written policies, when we are going to send her her accrued vacations. It is true, she has 80 hours accrued, however, we paid her a 6-week se… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I requested a hearing because the Labor Dept. is accusing me
Hi, my name is***** requested a hearing because the Labor Dept. is accusing me of collecting unemployment while I was working, which is not true. As a result they are requesting me to pay back $2,175.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
Possibly....labor law. A simple one methinks, however;
possibly....labor law. A simple one methinks, however; right-to-work state. Done a bit of research … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
JD
18,658 satisfied customers
Our employee handbook states that lip, nose or eyebrow rings
Our employee handbook states that lip, nose or eyebrow rings are not allowed in the workplace. We have our employees sign off on this. One employee decided to push the issue with wearing a nose ring. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
An employee was hired for a healthcare salaried position for
An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hour… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,305 satisfied customers
Nj Depart. Of Labor asking for refund of Unemployment
Nj Depart. Of Labor asking for refund of Unemployment Benefits from 2015 because I resigned from my parttime job., but I was awarded Benefits because my full time employer let me go. This request for … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I got notice of a NY dept of Labor unemployment audit for 2
I got notice of a NY dept of Labor unemployment audit for 2 years. Had one in '12 due to Me not paying unemployment as an S corp owner. Let go my bookepper almost a year to the day yhis week. Been doi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 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