Have a Tax Question? Ask a Tax Expert
Hi. My name is ***** ***** I will be happy to help you.
It is not up to he workers or the employer to decide. The employer has to follow specific rules set the by IRS when choosing the correct classification for his workers. If the employer has been misclassifying his worker for over 10 years, he is looking at huge penalties.
Here's how the workers should be classified. http://employment.findlaw.com/hiring-process/being-an-independent-contractor-vs-employee.html
Generally, if the employer control when and how the job is done, the workers are employees, not contractors.
I see you read my respond. Do you have any questions? Is there anything else I can help you with today?