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Re: 1099/w2 lawsuit

First off did the person have their own WC and GL insurance and were they a corp or LLC ?  You cant just pay a person as a 1099 w/o following certain rules set by the IRS . How much control did you have over him as far as was it routed work and reporting to work and how long he had to work each day . Few years ago IRS went hard after installation companies and many were  hit hard for misclassification of workers as 1099 . You saw many companies then go employee based but now its back to 1099 simply because the install rates are som low these days you cant make any money if you are employee based with all the extra taxes and costs .  The other issue you will have is  if they  ruled  an employee they can then sue for OT pay . Hopefully you kept records of their hours worked . You ae going to see a huge crack down on 1099 workers especially if one doesnt have any employees and all ae 1099 .  Huge red flag for the IRS . You can bet Bidens new 87000 agents be looking at this hard.  NYS is anti business so you better have a very good attorney because if this guy wins his case you could be liable fo all your other 1099 workers .  In NYS unless you have followed all the rules to a T you will lose and the fact you really didnt know the rules to start I dont see you winning this case 

This is CABL.com posting #389498. Tiny Link: cabl.co/mbNuo
Posted in reply to: 1099/w2 lawsuit by FusedTexas
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