My Employer Reclassified Me As An Independent Contractor Without My Agreement. Can They Do This?
My employer reclassified me as an independent contractor without my agreement. Can they do this?
location: Texas
I've been working for the same company for about two and a half years. Same role the entire time, same responsibilities, same schedule, same office. About six weeks ago my manager called me in and said the company was "restructuring how it handles certain positions" and that going forward I would be classified as a 1099 contractor rather than a W2 employee.
I didn't sign anything. There was no new contract presented to me. I just got a different designation in the payroll system and my next paycheck had no taxes withheld. My health insurance through the company stopped the following month with no notice, I found out when I tried to refill a prescription.
Nothing about my actual day to day changed. I still show up to the same office at the same time, still report to the same manager, still use company equipment, still attend mandatory team meetings. The only things that changed are that im now responsible for my own taxes and I lost my benefits.
When I asked HR about it they said "the legal team reviewed it and this is compliant." They wouldn't give me anything in writing explaining the reclassification or what criteria they used.
I've been reading a bit about the ABC test and the IRS common law test for worker classification. Based on everything I've read it seems pretty clear that I would still qualify as an employee under most definitions. But I want to understand what my actual options are here.
Can an employer legally do this without my consent? And if I file a misclassification complaint with the IRS or TWC, what should I expect to happen and how long does it usually take?
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