Recourse for not getting hired because refusal to be miss-classified as 1099 ?

[maxim_311]

What recourse, if any, is there if you are NOT hired for a job because you refused to be miss-classified as 1099 instead of W2.

Im talking there was a job offer, and during the course of the final negotiations the subject of classification came up and they wanted to Illegally classify you as 1099 instead of W2. And you were subsequently not hired because of it.

This is in the state of California specifically.

 

[OHRoadwarrior]

There is no requirement a company hire you as a regular employee. You can agree to disagree and find another job.

 

[maxim_311]

State Law and the IRS do.

Given the nature of any job you must be classified a certain way.

If you work on-site, using company equipment, taking direction from a company employee, etc...You must be classified as w2 and not an independent contractor

 

[OHRoadwarrior]

State Law and the IRS do.

Given the nature of any job you must be classified a certain way.

If you work on-site, using company equipment, taking direction from a company employee, etc...You must be classified as w2 and not an independent contractor

Thats nice. If you had taken the job, started working and filed a complaint, you might have had some leverage. You did not, so move on with your life. Its over.

 

[maxim_311]

So you're saying there is no recourse for losing employment/income because you refused to do something illegal?

This whole thing is documented in email correspondence.

 

[OHRoadwarrior]

So you're saying there is no recourse for losing employment/income because you refused to do something illegal?

You did not take the job. You have no standing to argue anything.

 

[maxim_311]

You did not take the job. You have no standing to argue anything.

Well this question is actually a hypothetical because it hasn't actually happened....YET.

The final negotiation is upcoming. So knowing that...what would you do if you were in my shoes?

 

[OHRoadwarrior]

Not get involved with an employer that apparently is not credible and will likely trash you on a recommendation in the future.

 

[LdiJ]

Well this question is actually a hypothetical because it hasn't actually happened....YET.

The final negotiation is upcoming. So knowing that...what would you do if you were in my shoes?

I wouldn't take the job, and I would report the employer to the IRS and the state taxing authority.

 

[LdiJ]

There is no requirement a company hire you as a regular employee. You can agree to disagree and find another job.

Please don't make statements like this because its absolutely incorrect and could mislead other posters. They don't have to hire him period if they don't want to, but companies do NOT have a choice between hiring people as regular employees or 1099 independent contractors. You are either an employee or a contractor under federal law...not under the company's definition.

Example of an employee: Your employer tells you what to do, when to do it, how to do it, and supplies the materials for you to do it. You are not free to accept or decline an assignment or when its scheduled. You must do the task yourself.

Example of a contractor: The company subcontracts for you to perform specific tasks. You supply some or all of your own materials. You decide your own schedule (sometimes within customer limitations) and you are free to hire other people to actually perform the task. You are free to provide services to as many different companies as you like.

 

[commentator]

If they insist you become a 1099 contractor instead of making you a real employee, thank them, and leave. Because they're trying to cheat in various ways, likely not just this one. The job may be unsafe, illegal, or at least you will not be treated in a professional way.

Thank goodness you're not like a lot of people, who will listen to them talk about how they'll be doing so much better, (no taxes taken out!) and bite for this, just because they're desperate to work.

In this situation, you can't sue them, you can't go to the bureau of fairness and tell how they didn't hire you for this, that, or practically any reason. All they're going to do is swear you misunderstood them. Until some sort of working relationship exists between you, there's no potential for you to punish these people for what they may be wanting to do regarding having you work for them. But you'll know, after the negotiation, that they are an unethical, under the table business and you don't want the job.

 

[cbg]

See, the thing is, YOU'RE not the one who would have been doing something illegal.

If you take a job and they misclassify you, you have legal recourse. Until they've hired you and mis-classified you, though, they've not actually done anything illegal and even if they did misclassify you, that's on them and not on you.

You can't take legal recourse for something that didn't happen.

 

[tranquility]

I agree, there is no recourse. I disagree it is illegal to work while your laymen's opinion is that the employer is not interpret the law properly. I don't have enough facts to determine if that is so. That is even though I know many want to skirt the law on this issue.

 

[cbg]

But the employee has no power to determine or control how the employer classifies him.

 

[LeeHarveyBlotto]

If they're willing to cheat on this, it's pretty unlikely they don't act illegally and/or unethically on other fronts. Consider yourself lucky and move on.