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Subject:Re: Working Off Site From:"monique.semp (Earthlink)" <monique -dot- semp -at- earthlink -dot- net> To:Gene Kim-Eng <techwr -at- genek -dot- com> Date:Mon, 11 Apr 2016 07:26:37 -0400
A great theory- but the company does have the option to simply not hire a person for 1099 work. The law is the law, but that has nothing to do with practicality and reality. And I doubt that a worker would have much of a case if s/he took a contract where the client expected onsite work, and then the worker says "sorry, I'm going to work offsite and tough luck to you."
Sent from my iPhone - erratic word substitution, typos, & odd punctuation almost certain :(
> On Apr 10, 2016, at 11:03 PM, Gene Kim-Eng <techwr -at- genek -dot- com> wrote:
>
> If you're a 1099 contractor, your client cannot "stop you from working at home" for ANY reason. As a 1099, your client sets your due dates and deliverables and you control your own hours, workplace, tools and techniques. YOU decide when and how often you think you need to be there to complete the work as required and on schedule. The moment the client require you to work onsite, to work specific hours, etc., they risk being seen as treating you as a W2 worker and may be required to provide all the usual W2 stuff (Workmens Comp, Social Security, etc.).
>
> These are the federal rules and consequences for misclassifying workers as contractors. Most states impose additional employer penalties.
>
>https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Self-Employed-or-Employee
>
> Gene Kim-Eng
>
>
>
>> On 4/10/2016 6:48 PM, Doug Grossman wrote:
>>
>> My question is this: You said that you can't be stopped from working from home when there is no good reason to go in. Obviously, one man's "good reason" is another man's "excuse." That's very vague, so don't there need to be specific guidelines/rules/policies in place about what constitutes a good reason for working from home as opposed to going in?
>
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