Should I file an ss-8?

[cblaich]

What is the name of your state? My permanent resident state is California, but my income was earned in New York.

I worked part-time as a programmer at a game company and made 14k. I started as an intern and signed a contract indicating that I would work 3 days a week at $25 a day for a period of three months. I ended up working much longer than that and the rate was raised to $100. I worked 3 days a week during school and full time during the summer. No new contract was signed.They supplied me with a 1099-Misc instead of a W-2. I think I should have gotten a w-2 and should not have been treated as an independent contractor for the following reasons:

1) I was initially hired as an intern (which implies lack of training).
2) I work on company premises.
3) All tools and supplies were provided by the company.
4) I did not have any business expenses or chance for profit or loss
5) I worked on projects with other people who I was not responsible for hiring, and did not
have complete control over the means of producing the final product.

Should I have been classified as an employeee and received a w-2 form? As as self employed person my taxes are double what they would be if I was an employee. I am now in the akward situation where I have the option of paying an extra 1000 dollars in self-employment taxes or ruining my good relationship with my employer by having them investigated by the IRS. I want to know if I have legitimate reason to file an ss-8 form contesting my self-employed status. I should also add that there is a full-time employee at the company who does the same type of work I do . I have not asked him whether he received a w-2 or 1099, but if he received a w-2, would I be within my rights to say that I should have received one too? Thanks a lot.What is the name of your state?