Employment Law

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As a employer i have independent contractors i pay and give…

Customer Question
Second opinion] As a...

Second opinion] As a employer i have independent contractors i pay and give a 1099 at end of year, many had not paid it for 2+ years- if they dont pay, will i have to pay?

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

Ohio

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

At will

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

Yes, most are here with itin number and some came back as not matching ssn

Submitted: 7 months ago.Category: Employment Law
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Answered in 52 minutes by:
12/11/2017
Employment Lawyer: Amadeo Rivera,
 replied 7 months ago
Amadeo Rivera
Category: Employment Law
Satisfied Customers: 88
Experience: Sr. Trial Attorney II at El Paso County Public Defender
Verified

Good Morning. My name is Marcelo. I have been practicing for 17 years now, and not only receive a number of 1099s every year, but also send out several. The answer is no, you don't become liable, unless for some reason, it was determined that you are masking employees as "independent contractors."

Generally, so long as your independent contractors have the ability to perform their services for other employers (use the term principal instead of employer), and those contractors are not reporting regularly to a job site, such as being required to be in the office by 8 every day of the week, you are probably safe with the "independent contractor" designations.

If you require additional information, please let me know. If I have answered you question, please accept my answer and provide positive feedback.

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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.

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).

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