Employment Law

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My employer is changing many employees from w2 to 1099, with…

Customer Question
My employer is changing...

My employer is changing many employees from w2 to 1099, with no change in the actual job. This was communicated today, to go in to effect 1-1-18. The employees options are to either fill out the w9 form and return it...or quit. Is this legal?

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

California

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

Part time, and my understanding is that all of California is "at will", as long as you are non-union...

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

These employees are nurses that go out in to the community to place IV access, and get paid for each "job" they do, they use company equipment and supplies...

Submitted: 3 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/29/2017
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,873
Experience: Licensed attorney helping employers and employees.
Verified
Greetings! I am a legal expert on the site and am working on your question.Not legal. This can be reported to the labor department or IRS for misclassification.Employment counsel can also raise this with employer. A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please select the 5 star (*****) rating on your page for the answer. Happy Holidays!
Ask Your Own Employment Law Question
Employment Lawyer: Infolawyer, Lawyer replied 3 months ago
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as experts are not employees of the site and do not get any credit for spending time with customers unless they leave positive feedback. Thank you.if I can elaborate on anything, just ask me.
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Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 60,873
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Experience: Licensed attorney helping employers and employees.

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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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