Quitting job as a independent contractor/employee

[RSadler331]

What is the name of your state (only U.S. law)? Wisconsin

On monday, I put in my 2 weeks with my boss. He did not accept my 2 weeks and says that I need to work 2 months yet per my contract which states...

"...shall be employed under this Agreement commencing on the date set forth above and shall continue for a one (1) year period (the "Initial Term") unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall automatically renew for subsequent one (1) year terms (the "Renewal Term(s)", collectively with the Initial Term, shall be referred to as the "Term") unless either party gives written notice of non-renewal to the other party thirty (60) days prior to the end of the then current Term."

I do not think this relates to me quitting, but says it does. To compound my confusion, I believe I am an independent contractor, but am not sure. I did not work this job last year, so I don't know if I receive a W-2 or 1099, but I did not fill out a W-4 when I began the job. I also am required to work 40 hours and went through training as well, which makes it seem like I'm an employee.

So my questions are..

Am I an independent contractor?

Is my 2 week notice an acceptable offer? Do I even need to provide a notice?

Thanks is advance!

 

[xylene]

I suggest you talk to a labor lawyer.

 

[LdiJ]

What is the name of your state (only U.S. law)? Wisconsin

On monday, I put in my 2 weeks with my boss. He did not accept my 2 weeks and says that I need to work 2 months yet per my contract which states...

"...shall be employed under this Agreement commencing on the date set forth above and shall continue for a one (1) year period (the "Initial Term") unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall automatically renew for subsequent one (1) year terms (the "Renewal Term(s)", collectively with the Initial Term, shall be referred to as the "Term") unless either party gives written notice of non-renewal to the other party thirty (60) days prior to the end of the then current Term."

I do not think this relates to me quitting, but says it does. To compound my confusion, I believe I am an independent contractor, but am not sure. I did not work this job last year, so I don't know if I receive a W-2 or 1099, but I did not fill out a W-4 when I began the job. I also am required to work 40 hours and went through training as well, which makes it seem like I'm an employee.

So my questions are..

Am I an independent contractor?

Is my 2 week notice an acceptable offer? Do I even need to provide a notice?

Thanks is advance!

Do they deduct taxes from your pay? If not, they are treating you as an independent contractor even if, under the law, you would be an employee.

You cannot be forced to continue working for someone either as an independent contractor or as an employee. What is your employer saying is going to happen if you don't come back after two weeks?

 

[RSadler331]

No taxes have come out of my pay stub.

I'm meeting with him tomorrow. I'm not sure what he will do when I tell him I will not comply with his "2 month exit plan" for me.

Do I have the right to stick with my 2 week notice or leave tomorrow even though I have signed a contract that states that part in the initial question?

 

[FlyingRon]

Unless you have a contract already in place that states a termination strategy, you are not obliged to give him notice or do anything on your way out the door.
Even if you do have some terms in the contract, those are VERY hard to enforce in practice. I largely suspect your "employer" is blowing smoke. I might suggest that you would be pursuing an SS-8 and other complaint as to whether, given such demands, you are, in fact, an employee and hence the employer's share of the payroll taxes should be recovered along with other labor requirements for employees.

 

[RSadler331]

I did sign a contract stating the following, which is why he is stating I need to work 2 months...

"...shall be employed under this Agreement commencing on the date set forth above and shall continue for a one (1) year period (the "Initial Term") unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall automatically renew for subsequent one (1) year terms (the "Renewal Term(s)", collectively with the Initial Term, shall be referred to as the "Term") unless either party gives written notice of non-renewal to the other party thirty (60) days prior to the end of the then current Term."

My confusion too is that the contract is for an employee and I signed it, but I've never filled out a W-4 and he is paying me as an independent contractor.