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If they dictate where and when you work, that's clear cut misclassification.
Like if they were to have a specific route starting and ending at a specific time, with various stops to make during?
pretty much misclassification, is my understanding.
the fact that someone else was in the exact role classified as a W-2 wage employee should seemingly make it a slam dunk, if you can get copies of the job description and any payroll paperwork, i should think that's a smoking gun because it shows they know the law and are willfully breaking it. a lot of small business tyrants pull the "i forgot to carry the one" when caught redhanded.
anecdotally, the amount of 1099s in the US that should actually be W-2s must be mind boggling. the only people i have ever known not to have experienced it directly are like fast-track to PMC academics and foreign service weirdos that have only worked government jobs.
this post was submitted on 14 Oct 2025
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Chapotraphouse
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