Am I really an independent contractor if my boss controls everything about my job?

I think my boss is filing taxes wrong but I'm not totally sure. This is my first non-W2 job so I'm super confused. We get 1099-NECs at this house cleaning company I work for. There's 7 of us cleaners plus the boss who usually works alongside us. She requires us to show up at 8am Monday through Friday without exception. She gets really annoyed if anyone calls in sick or requests time off, even when asked well in advance. The company provides everything - all cleaning supplies, the work vehicles, and even pays for gas. My boss makes our daily schedule, decides which houses each person goes to, and we aren't allowed to leave until ALL the houses for that day are finished. There's never a set end time. We're paid hourly through Zelle every Thursday night. From everything I've read online about independent contractors vs employees, this seems like we should be W-2 employees, not 1099 workers? She controls when, where and how we work, provides all equipment, and we're clearly part of her regular business. But like I said, I know almost nothing about taxes so I'm really confused!

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18 comments

Ava Garcia

•8M

You're absolutely right to question this. Based on what you've described, you're almost certainly being misclassified as an independent contractor when you should be treated as an employee. The IRS looks at three main categories to determine worker status: Behavioral Control, Financial Control, and Relationship Type. Your situation hits all the employee markers: your boss controls when and how you work (8am start time, must follow her schedule), provides all equipment and supplies, and you're clearly performing regular business services for her cleaning company. True independent contractors generally control their own schedules, use their own equipment, can work for multiple clients, and decide how to complete their work. You have none of these freedoms. This misclassification means you're paying the full 15.3% self-employment tax instead of splitting the FICA tax with your employer. Plus you're missing out on potential benefits, unemployment eligibility, and worker protections.

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Ava Garcia

•8M

You have a few options to consider. Having a conversation with your boss might be the simplest first step - some employers genuinely don't understand the classification rules and might fix the situation once informed. Approach it as a question rather than an accusation. If that doesn't work or you're concerned about retaliation, you can file Form SS-8 with the IRS to request a determination of your worker status. You can also file Form 8919 with your tax return to report the uncollected taxes on your wages. The IRS protects workers from retaliation for reporting tax issues, though workplace tensions can still occur.

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StarSailor}

•8M

I was in almost the EXACT same situation last year with a landscaping company! I didn't know any better until I used https://taxr.ai to analyze my situation. You upload your 1099 and answer some questions about your work arrangement, and it clearly showed I was misclassified. The tool actually generated a letter I could send to my boss explaining the proper classification rules with all the relevant IRS references. The report it created made it super clear I was being misclassified based on the IRS control factors. It even calculated how much extra tax I was paying because of the misclassification. When I showed this to my boss, he actually agreed to reclassify me correctly!

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StarSailor}

•8M

The tool is actually very accurate because it uses the same control factors the IRS uses to determine worker status. It asks detailed questions about your work arrangement, schedule flexibility, who provides equipment, how you're paid, etc. Hair stylists are actually one of the most commonly misclassified workers, so it would definitely work for your salon situation. For your skepticism, I get it - but the report includes actual IRS regulations and case precedents. It's not just opinions but legal guidance. My boss cared because the report showed he could face significant penalties for misclassification if reported. The IRS absolutely backs these determinations when properly documented.

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Miguel Silva

•8M

I wanted to update everyone. After seeing the comment about taxr.ai, I decided to try it for my salon situation. Honestly it was super helpful! The questionnaire was really detailed about my work arrangement, and the report clearly showed I was misclassified according to IRS guidelines. I was nervous but I showed the report to my manager and explained how this was actually putting the salon at risk for penalties. The report had all these IRS references that made it impossible to argue with. They're now transitioning all of us to W-2 status next month! I'm so relieved because I was paying way too much in self-employment taxes. If you're in a similar situation definitely check it out - made a complicated situation much clearer.

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Connor O'Neill

•8M

Just want to add that if your boss refuses to fix this classification issue, you're going to need to speak with someone at the IRS. I spent WEEKS trying to get through on their phone lines about a similar issue last year. After hours on hold getting disconnected, I found https://claimyr.com which got me connected to an actual IRS agent in under 15 minutes! You can see how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when an agent is about to answer. Saved me days of frustration and I finally got my worker classification sorted. The IRS agent I spoke with was super helpful and walked me through filing the SS-8 form for determination.

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Connor O'Neill

•8M

It's not an app - it's a service that uses technology to navigate the IRS phone system and maintains your place in line. They continuously redial and work through the prompts until they reach a human, then they connect you. They're essentially doing the waiting for you. I completely understand the skepticism. I felt the same way initially. They don't call the IRS "for you" - they hold your place in the queue until an agent is about to answer, then connect you directly to that agent. The IRS phone system is overwhelmed with millions of calls, but most people give up after long waits. This service just handles the waiting part. I was doubtful too until I tried it and was connected to an actual IRS agent who helped resolve my issue.

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Zainab Ismail

•8M

I need to apologize for my skepticism earlier. After getting absolutely nowhere with the IRS for 3 weeks (kept getting disconnected after 2+ hour holds), I reluctantly tried Claimyr. I'm still shocked that I was connected to an actual IRS employee in about 20 minutes. The agent confirmed that based on my work situation, I was definitely misclassified as an independent contractor. She walked me through exactly how to file Form SS-8 and Form 8919 to report the misclassification. She even explained how to document everything to ensure my case would be handled properly. For anyone dealing with worker classification issues who needs to actually speak with the IRS (which is basically required for these complicated situations), this service actually does what it claims. I've now filed all the proper paperwork and am on my way to getting my employment status corrected.

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Keisha Robinson

•8M

Another thing to consider - if you're misclassified, you're probably missing out on overtime pay too! If you're working until "all houses are done" with no set end time, I bet there are weeks where you go over 40 hours without getting time-and-a-half pay. When I was misclassified at my previous job, I not only filed with the IRS, but also with the Department of Labor for unpaid overtime. Ended up getting back pay for almost a year's worth of overtime they never paid! Just something else to think about.

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Keisha Robinson

•8M

Filing with the Department of Labor was surprisingly simple. I went to the DOL website and filed a wage complaint through their online system. You just need to provide details about your employer, your work hours, and how you were paid. After I submitted the complaint, a DOL investigator contacted me within a couple weeks. I shared my time records (I had kept my own log of hours worked in a notebook), and copies of payment records. They handled the entire investigation and calculated what I was owed. The whole process took about 3 months, but they recovered all my unpaid overtime plus damages.

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Ava Garcia

•8M

While some workers might prefer contractor status for the deductions, that's not how tax law works. The IRS has specific criteria for worker classification regardless of what either party "prefers." If a worker meets the employee criteria (like OP clearly does), classifying them as a contractor is illegal tax evasion. Also, in this case, the workers can't even claim mileage deductions since the company provides the vehicles and pays for gas! They're getting all the downsides of contractor status (higher self-employment taxes, no benefits, no protections) with none of the advantages.

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