drichardson90
Junior Member
I work in California as a 1099 I.C. full-time for a marketing company. My company has a large amount of their workforce as 1099's and I believe they are misclassifying us to avoid employment taxes. Is my company misclassifying me and, if so, what should I do about it? Please see the details below:
I accepted a job with a marketing firm 4 months ago as a sales person (account executive) and was hired as a 1099 independent contractor. I work for them full-time on a commission-only basis selling their marketing services to businesses. I work remotely from my home and my "boss" lives 2 hours away from me.
After being hired, I was told by my "boss" that I am required to do the following:
- watch several training videos
- visit my "boss" for a week for training purposes
- call into a company conference call twice weekly that tend to last 60+ mins
- call my "boss" once weekly to update him on my week's agenda
- set an average of 3 appointments per day (I don't average this amount, I would be "pushed out")
- fill out a 2 reports on a daily basis so that they can keep track of my actions
- memorize 9 scripts word-for-word to say when: giving a sales presentation, meeting people in networking groups, introducing myself in a network group, cold-calling businesses, canvassing businesses (walk-ins), calling personal contacts, calling personally recommended businesses, leaving voicemails, and handling objections given by business owners
These "requirements" were never outlined in the contract I signed upon getting hired. I have read many articles about businesses using 1099's illegally to avoid employment taxes. I have been told by others that I am misclassified and should be a w-2 employee. I have never come across another company that uses 1099's for this type of work and want to know if what the firm is doing is illegal. If so, what should I do?
I am more than happy to email a copy of my I.C. contract for review. Thanks.
I accepted a job with a marketing firm 4 months ago as a sales person (account executive) and was hired as a 1099 independent contractor. I work for them full-time on a commission-only basis selling their marketing services to businesses. I work remotely from my home and my "boss" lives 2 hours away from me.
After being hired, I was told by my "boss" that I am required to do the following:
- watch several training videos
- visit my "boss" for a week for training purposes
- call into a company conference call twice weekly that tend to last 60+ mins
- call my "boss" once weekly to update him on my week's agenda
- set an average of 3 appointments per day (I don't average this amount, I would be "pushed out")
- fill out a 2 reports on a daily basis so that they can keep track of my actions
- memorize 9 scripts word-for-word to say when: giving a sales presentation, meeting people in networking groups, introducing myself in a network group, cold-calling businesses, canvassing businesses (walk-ins), calling personal contacts, calling personally recommended businesses, leaving voicemails, and handling objections given by business owners
These "requirements" were never outlined in the contract I signed upon getting hired. I have read many articles about businesses using 1099's illegally to avoid employment taxes. I have been told by others that I am misclassified and should be a w-2 employee. I have never come across another company that uses 1099's for this type of work and want to know if what the firm is doing is illegal. If so, what should I do?
I am more than happy to email a copy of my I.C. contract for review. Thanks.