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Layla Mendes

How much is $70/hr W-2 pay equivalent to as a 1099 contractor?

So I was working full-time at a hospital until mid-2022 when I left for another position. My old workplace was really short-staffed and begged me to come back as a PRN (as-needed) employee. I specifically requested to be kept as a W-2 employee rather than 1099 contractor, and they agreed to this when I accepted the position at $70/hour. Now it's tax season and I just got this super annoying email from HR saying there was a "mistake" and I should have been classified as a 1099 contractor instead of W-2 to be "compliant" with their policies. They're basically trying to change how I was paid after the fact! I know as a 1099 I'd be responsible for both employer and employee portions of taxes which means I'd need a higher hourly rate to make the same after taxes. What would be the equivalent 1099 rate to my $70/hour W-2 pay? And can they even legally change my tax status retroactively like this??

This is a common issue, and you're right to be concerned. Generally speaking, the rule of thumb is that a 1099 rate should be about 25-30% higher than a W-2 rate to account for the additional tax burden and lack of benefits. For your $70/hour W-2 position, an equivalent 1099 rate would be roughly $88-91/hour. This accounts for the additional 7.65% self-employment tax (employer portion of FICA), plus considerations for benefits you'd be losing like paid time off, employer-provided health insurance, and retirement contributions. As for changing your status retroactively - no, they cannot legally do this. If you were hired as a W-2 employee, paid as a W-2 employee, and have documentation (emails, offer letter) showing this agreement, the company cannot simply reclassify you after the fact. Worker classification is determined by the nature of the working relationship, not just what's convenient for the employer.

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Thank you for this breakdown! So what happens if they already issued me a W-2 for 2022 and now want to "correct" it? Would I need to file an amended return? Or should I just refuse this change?

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If they've already issued a W-2, they cannot simply "correct" it to a 1099 after the fact. The IRS is very clear about worker classification. If they issued a W-2, they have already reported to the IRS that you were an employee, and you've paid taxes accordingly. If they try to change your classification now, they would need to cancel the W-2 and issue a 1099-NEC, which would require you to file an amended return, potentially pay additional self-employment taxes, and deal with unnecessary complications. This is inappropriate, especially since you specifically negotiated W-2 status as a condition of employment.

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I had a similar situation and discovered taxr.ai (https://taxr.ai) which really helped clarify my contractor vs employee status. Their algorithm analyzed my employment terms and showed I was legally an employee despite my company trying to classify me as 1099. The tool gives you documentation that shows exactly which IRS criteria determine proper classification. The report helped me understand that employers can't just decide to change your status - it's based on specific control factors like how/when/where you work. I showed this to my employer and they backed down immediately when they realized they were risking misclassification penalties.

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Does taxr.ai actually help with disputing classification with the employer? My company is trying to pull something similar and I'm not sure how to fight back effectively.

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I've heard of tools like this but I'm skeptical. What makes this better than just looking up the IRS guidelines for free? Did you have to pay for this service?

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The tool specifically creates documentation showing which classification criteria you meet based on your work arrangement, which gives you concrete evidence to present to your employer. It highlights the exact IRS factors that apply to your situation, making it harder for them to argue. What makes it different from just looking up guidelines is that it applies those guidelines to your specific situation and creates professional documentation showing the correct classification with supporting legal citations. It saved me tons of research time and gave me confidence when pushing back. I can't discuss pricing, but the peace of mind was definitely worth it for me.

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Just wanted to follow up that I tried taxr.ai after my initial skepticism, and wow - it was actually super helpful. The report was really detailed and showed me that I met 8 of the 10 main criteria for being properly classified as an employee. I forwarded it to my HR department and they suddenly "reconsidered" their position on changing my status. Apparently employers face some significant penalties for misclassification, and seeing all the criteria laid out so clearly made them realize they didn't have a case. Now they're keeping me as W-2 as originally agreed. The peace of mind was totally worth it!

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If you're having trouble getting through to someone at HR about this classification issue, I'd recommend Claimyr (https://claimyr.com). I was going in circles with our payroll department when they tried something similar. Regular calls to HR went straight to voicemail, and emails were ignored. With Claimyr I actually got through to a real person at the IRS to ask about worker classification rules. They explained the SS-8 form process for determining proper worker status. This knowledge alone was enough to make my HR department back down when I mentioned I'd be filing it if they persisted. You can see how it works in their demo video: https://youtu.be/_kiP6q8DX5c

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Wait, how does this work? Does this just connect you to the IRS faster? I've been trying to reach someone there for weeks about a similar issue.

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This sounds fake. Nobody gets through to the IRS. I've tried calling dozens of times about my refund and it's always "call volume too high" nonsense.

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It connects you to the IRS faster by using their callback automation system more effectively than you can do manually. Instead of you having to call repeatedly and navigate the phone tree, their system essentially handles that part and secures you a callback position, then notifies you when the IRS is ready to talk. It's definitely real. I was skeptical too until I tried it. I had been trying to get through for nearly a month with no success. Their system got me a callback within 2 days. The IRS agent I spoke with was incredibly helpful about employee classification rules and explained exactly what forms I needed to challenge an improper classification.

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I need to eat my words from my previous comment. After nothing but frustration trying to reach the IRS myself, I decided to try Claimyr out of desperation. I got a callback from the IRS the next morning! The agent walked me through the SS-8 form for determining worker classification and explained all my rights regarding employee vs contractor status. Armed with this information, I wrote a detailed email to my company's HR department citing the specific IRS guidelines the agent had explained to me. Magically, they decided not to "reclassify" me after all. Having direct information from an actual IRS representative made all the difference. Definitely worth it just to avoid the headache of trying to call them myself!

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Another thing to consider - if you were truly an independent contractor, you would typically negotiate your own rates, set your own hours, and use your own equipment. The fact that they set your rate at $70/hr suggests an employer-employee relationship. When I was reclassified from W-2 to 1099 at my healthcare job, I immediately asked for a 35% rate increase (from $65 to $87.75) to account for: - Self-employment taxes (both halves of FICA: 15.3%) - No paid time off (worth ~8% for standard PTO) - No employer health insurance contribution - No retirement matching - Business expenses (liability insurance, equipment) Show them these calculations. Either they keep you as W-2 as originally agreed, or they need to substantially increase your hourly rate to compensate!

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Drake

Did your employer actually agree to the 35% increase? My company is pulling the same stunt and I'm trying to figure out how hard to push back.

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They initially countered with a 20% increase, but I stood firm and explained the actual costs involved with being a 1099 contractor. I showed them detailed calculations of the additional tax burden and benefit loss. I also mentioned I'd be talking to a tax professional about proper classification rules. They eventually agreed to a 30% increase, which wasn't quite my target but close enough that I accepted it. The key was being prepared with specific numbers rather than just asking for "more money." If you can quantify exactly what benefits and tax advantages you're losing, it's much harder for them to dismiss your request.

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One thing nobody has mentioned - if your employer is forcing PRNs to be W-2 instead of 1099, they might be trying to avoid paying benefits to those working enough hours. At my hospital, anyone on W-2 working over 20hrs/week qualified for benefits, so they pushed "casual" employees to 1099 to avoid this. Check if there's something in their policies they're trying to work around. Might explain the sudden "mistake" they're claiming.

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That's a good point! My hospital did something similar but in reverse - they wanted certain employees as 1099 to avoid overtime rules. Maybe check if you were getting close to triggering some benefit threshold?

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This is absolutely infuriating and unfortunately not uncommon in healthcare settings. Your employer cannot legally change your classification retroactively, especially when you have documentation showing you specifically negotiated W-2 status as a condition of accepting the PRN position. Here's what I'd recommend: First, gather all your documentation - the original job offer, emails confirming W-2 status, pay stubs, etc. Then calculate what your equivalent 1099 rate should be (as others mentioned, around $88-91/hour to match your current $70/hour after-tax income). Present them with two options: 1) Honor the original W-2 agreement, or 2) If they insist on 1099, they need to increase your rate to at least $90/hour to compensate for the additional tax burden and lost benefits. The fact that they're calling this a "mistake" after you specifically requested W-2 status suggests they're either trying to avoid some compliance issue (like benefit thresholds) or reduce their tax obligations. Either way, that's their problem, not yours. Stand your ground - you have the law on your side here.

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I went through something very similar at my previous job and want to share what worked for me. The key is understanding that worker classification isn't just about what's convenient for the employer - it's determined by specific legal criteria about control, independence, and the nature of the work relationship. Since you specifically negotiated W-2 status as a condition of employment and they agreed to it, they can't just change their mind because it's now inconvenient. The IRS looks at factors like: Do they control when/where/how you work? Do they provide equipment? Do you work exclusively for them? As a PRN hospital employee, you likely meet most employee classification criteria. If they absolutely insist on changing to 1099 (which again, they legally can't do retroactively), don't accept anything less than $95-100/hour. Here's why: $70/hour W-2 equals about $52/hour after taxes and benefits. To net the same as a 1099, you'd need to account for the additional 7.65% self-employment tax, loss of employer benefit contributions, no paid time off, and business expenses like liability insurance. Document everything, stand firm on your original agreement, and don't let them bully you into accepting their "mistake." You negotiated in good faith and they need to honor that agreement.

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This is exactly the kind of comprehensive advice I was looking for! The $95-100/hour calculation makes perfect sense when you break down all the hidden costs of being a 1099 contractor. I especially appreciate the point about documenting everything - I do have the original email chain where I specifically requested W-2 status and they confirmed it. It's reassuring to know that the IRS criteria for worker classification are so clear-cut. As a PRN at the hospital, they definitely control my schedule, I use their equipment, and I work exclusively for them when I'm there. This seems like a textbook employee relationship regardless of what they're trying to claim now. I'm going to follow your advice and present them with the two options you mentioned. Either honor the original W-2 agreement or significantly increase the hourly rate to compensate for 1099 status. Thanks for sharing your experience - it gives me confidence to push back on this "mistake" they're trying to pull!

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I'm dealing with a very similar situation right now and this thread has been incredibly helpful! My employer is also trying to retroactively change my classification after I specifically negotiated W-2 status. What I've learned from consulting with a tax professional is that the IRS has very specific tests for worker classification, and employers can't just decide to change your status because it's more convenient for them. The fact that you negotiated W-2 status upfront and they agreed to it creates a binding employment agreement. If they're truly insisting on this change (which again, they legally cannot do retroactively), make sure you're accounting for ALL the hidden costs of 1099 work. Beyond just the self-employment tax, consider that you'll lose unemployment insurance protection, workers' compensation coverage, and potential overtime protections. You might also need professional liability insurance depending on your role. My advice: Don't just calculate the tax difference - calculate the total compensation package difference. Your $70/hour W-2 position likely has a total value closer to $85-90/hour when you factor in all employer contributions and protections. A fair 1099 rate would need to be at least $110-115/hour to truly compensate for everything you're losing. Stand firm on your original agreement. You have documentation and the law on your side.

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This is such valuable insight about the total compensation package difference! I hadn't even considered things like unemployment insurance and workers' comp coverage when calculating the equivalent rate. Your point about professional liability insurance is especially important in healthcare settings. The $110-115/hour figure really puts into perspective how much employers save by having W-2 employees versus contractors. It's no wonder they're trying to make this "correction" after the fact - they're probably realizing how much money they'd save on their end. I'm curious - when you consulted with your tax professional, did they mention anything about filing complaints with the Department of Labor if employers try to force these retroactive classification changes? It seems like there should be some recourse beyond just negotiating with HR. Thanks for breaking down all those hidden costs. It really drives home why we need to be so thorough when pushing back on these situations!

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This situation is absolutely infuriating and unfortunately all too common in healthcare. Your employer is trying to have their cake and eat it too - they got the benefits of having you as a reliable W-2 employee when they needed you, and now they want to shift the tax burden to you retroactively. Here's the bottom line: they cannot legally change your worker classification after the fact, especially when you have documentation showing you specifically negotiated W-2 status as a condition of employment. The IRS determines worker classification based on the actual working relationship, not what's convenient for the employer months later. If you're working set schedules they assign, using their equipment, following their protocols, and working exclusively for them during your shifts, you're clearly an employee under IRS guidelines. The "PRN" designation doesn't automatically make you a contractor. My advice: Send them a polite but firm email stating that you will continue under the original W-2 agreement as negotiated and documented. If they absolutely insist on changing to 1099 status (which again, they cannot do retroactively for 2022), inform them that your new rate would need to be $95-100/hour minimum to account for the additional tax burden, lost benefits, and business expenses. Don't let them bully you into accepting less than what you originally agreed to. You negotiated in good faith and they need to honor that agreement.

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This is exactly the kind of clear, no-nonsense advice that's needed here! You're absolutely right that they're trying to have it both ways - getting the reliability of an employee when they needed coverage, then trying to shift costs back to the worker when it's convenient for them. The point about IRS guidelines being based on the actual working relationship rather than employer convenience is crucial. If you're following their schedules, using their equipment, and adhering to their policies, the "PRN" label doesn't magically make you an independent contractor. I really appreciate how you've laid out the two clear options - either honor the original agreement or compensate appropriately for the significant changes they're proposing. The $95-100/hour figure aligns with what others have calculated and shows you've done the math on what fair compensation actually looks like. One thing I'd add is to keep detailed records of all communications about this issue going forward. If they continue to push back, having a paper trail of their attempts to retroactively change your agreed-upon employment terms could be valuable if you need to escalate this further.

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This is exactly why I always insist on getting employment terms in writing before accepting any position! Your situation highlights a really important lesson for anyone considering PRN or contract work. What your employer is trying to do is essentially breach your employment contract. You specifically negotiated W-2 status as a condition of accepting the role, they agreed to it, and now they want to unilaterally change the terms after you've already performed the work under that agreement. From a legal standpoint, worker classification isn't determined by what the employer finds convenient months later - it's based on the actual control and working relationship. If you're scheduled by them, working in their facility, using their equipment, and following their protocols, you meet the definition of an employee regardless of the "PRN" label. Here's what I'd do: Put together a response that includes your original employment documentation showing the agreed-upon W-2 status. Make it clear that you'll continue under the original terms as negotiated. If they absolutely must change to 1099 (which they legally cannot do retroactively), present them with a new rate calculation showing you'd need at least $95-105/hour to maintain equivalent compensation after accounting for self-employment taxes, lost benefits, and additional business expenses. The fact that they're calling this a "mistake" when you explicitly negotiated W-2 status suggests they either didn't understand their own policies when they hired you, or they're trying to retroactively reduce their costs. Either way, that's their problem to solve, not yours.

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This is such solid advice about getting everything in writing! I'm actually in a similar boat with a different employer and your point about this being a breach of contract really resonates. It's frustrating how some companies seem to think they can just change the terms of employment after the fact when it suits them financially. Your calculation of $95-105/hour for equivalent 1099 compensation is really helpful - I hadn't fully considered all the business expenses that come with contractor status. Things like professional liability insurance and equipment costs can really add up, especially in healthcare settings. I'm curious though - if they refuse both options (keeping the original W-2 agreement or paying the higher 1099 rate), what would be the next step? Is this something where you'd need to get a lawyer involved, or are there other resources for workers dealing with employer classification disputes? The whole situation just feels so unfair when you negotiated in good faith and they're trying to change the rules retroactively.

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This whole situation is a perfect example of why employers need to understand worker classification laws before making hiring decisions, not after the fact when it becomes financially inconvenient for them. What really stands out to me is that you specifically negotiated W-2 status as a condition of accepting this PRN position. This wasn't an oversight or misunderstanding - it was a deliberate term of your employment agreement that they accepted. Now they're trying to call it a "mistake" which is frankly insulting to your intelligence. The IRS has very clear guidelines about worker classification based on behavioral control, financial control, and the type of relationship. As a PRN hospital employee, you're almost certainly meeting the criteria for employee status: they control when and how you work, you use their facilities and equipment, you're integrated into their business operations, and you have an ongoing relationship with them. Here's my advice: Document everything from your original negotiations, then present them with a clear choice. Either honor the W-2 agreement you both entered into, or if they absolutely insist on 1099 status (which they cannot do retroactively for work already performed), you'll need a rate of at least $100/hour to account for the 15.3% self-employment tax, loss of unemployment protection, workers' comp coverage, and the fact that you'd now need your own professional liability insurance. Don't let them pressure you into accepting their "correction." You negotiated in good faith and have every right to expect them to honor their commitments.

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This is such a well-articulated breakdown of the situation! You're absolutely right that calling this a "mistake" is insulting when the original poster clearly negotiated W-2 status as a specific condition of employment. It sounds like the employer got exactly what they wanted (reliable PRN coverage) and now wants to retroactively shift costs. Your point about the IRS guidelines is spot on - the behavioral and financial control factors you mentioned clearly point to an employee relationship. When you're working in their facility, following their protocols, and using their equipment, the "PRN" label doesn't magically transform you into an independent contractor. The $100/hour minimum rate calculation really drives home how significant this change would be. It's not just about the self-employment tax - losing unemployment protection and workers' comp coverage are huge hidden costs that most people don't initially consider. I'm wondering if there might be some broader policy change at the hospital that's driving this sudden "discovery" of classification errors. Sometimes these retroactive reclassification attempts happen when companies realize they're approaching benefit thresholds or facing increased scrutiny from labor authorities. Either way, you're completely right that this is their problem to solve, not something they can just dump on employees who negotiated in good faith.

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This is absolutely unacceptable behavior from your employer. You specifically negotiated W-2 status as a condition of accepting the PRN position, they agreed to it in writing, and now they want to retroactively change the terms because it's more convenient for them? That's not how employment contracts work. The IRS worker classification rules are crystal clear - it's based on the actual working relationship, not what saves the employer money months later. As a PRN hospital employee, you're almost certainly working under their direct control, using their equipment, following their policies, and integrated into their operations. That's textbook employee classification regardless of the "PRN" label. Here's what I'd do: Send them a firm but professional response stating that you'll continue under the original W-2 agreement as negotiated and documented. Make it clear that worker classification cannot be changed retroactively for work already performed. If they somehow insist on moving forward with 1099 status for future work (which would require a new agreement), your rate would need to increase to at least $95-100/hour to account for: - Additional 7.65% employer portion of payroll taxes you'd now pay - Loss of unemployment insurance eligibility - Loss of workers' compensation coverage - Need for professional liability insurance - Loss of any employer benefit contributions - Business expense deductions and record-keeping requirements Don't let them bully you into accepting their "mistake." You have documentation, you negotiated in good faith, and the law is on your side. Stand your ground.

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This is incredibly helpful and comprehensive advice! I really appreciate how you've broken down all the specific costs and protections that would be lost with a 1099 reclassification. The point about workers' compensation coverage is especially important in a healthcare setting where there's always risk of injury or exposure. Your suggested approach of sending a firm but professional response is exactly what I needed to hear. Sometimes it's hard to know how assertive to be with HR, but you're right that I have the documentation and the law on my side. The original email chain where I specifically requested W-2 status and they confirmed it should be pretty compelling evidence. I hadn't fully considered the business expense and record-keeping requirements that come with 1099 status either. Between quarterly tax payments, separate business accounting, and all the additional paperwork, it really does represent a significant burden beyond just the tax implications. The $95-100/hour figure seems to be the consensus from multiple people in this thread, which gives me confidence that it's a realistic calculation. If they truly want to make this change (which they legally can't do retroactively), they need to understand the full financial impact on their end as well. Thank you for the encouragement to stand my ground - it's exactly what I needed to hear!

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I'm dealing with a very similar situation at my healthcare facility and this thread has been incredibly eye-opening! My employer is also trying to retroactively reclassify me from W-2 to 1099 after I specifically negotiated employee status when I accepted my PRN position. What really bothers me is how they're framing this as a "compliance" issue when the real compliance issue is them trying to change worker classification after the fact. The IRS is very clear that classification is determined by the actual working relationship - control over when/where/how you work, use of employer equipment, integration into business operations, etc. From everything I've read in this thread, a fair 1099 equivalent for $70/hour W-2 would be around $95-100/hour minimum. This accounts for the additional self-employment taxes, loss of unemployment and workers' comp protection, need for professional liability insurance, and all the administrative burden that comes with contractor status. My advice would be to document everything, stand firm on your original agreement, and don't let them gaslight you into thinking this "mistake" is somehow your responsibility to fix. You negotiated in good faith and they need to honor their commitments. If they absolutely insist on changing to 1099 for future work, make sure they compensate you appropriately for the significantly different employment arrangement they're proposing. The fact that so many healthcare employers are pulling these tactics suggests there might be some industry-wide effort to shift costs to workers. Don't let them get away with it!

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You're absolutely right about this being a concerning industry-wide trend! It's frustrating to see so many healthcare employers trying to retroactively shift their tax and liability burdens onto workers who negotiated in good faith. Your point about them framing this as a "compliance" issue is particularly galling. The real compliance issue is their attempt to unilaterally change employment terms after the work has already been performed under a different agreement. That's not how worker classification works under IRS guidelines. I'm glad this thread has been helpful for your situation too. The consensus around $95-100/hour for equivalent 1099 compensation really shows how significant this change would be. It's not just about taxes - you're losing unemployment protection, workers' comp coverage, and taking on all the administrative burden of contractor status. The fact that you also specifically negotiated W-2 status upfront makes their "mistake" claim even more questionable. This wasn't an oversight - it was a deliberate employment term that they agreed to when they needed your services. Stay strong and don't let them pressure you into accepting less than what you originally agreed to. Document everything and make it clear that any future 1099 arrangement would require appropriate compensation for the dramatically different employment relationship they're proposing. You have the law and documentation on your side!

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This is exactly why having clear documentation is so crucial when negotiating employment terms! Your employer is essentially trying to rewrite history by calling your specifically negotiated W-2 status a "mistake." The bottom line is that worker classification under IRS rules is determined by the actual working relationship, not what becomes financially convenient for the employer later. If you're working their assigned schedules, in their facility, using their equipment, and following their protocols, you're clearly an employee regardless of the PRN designation. Based on the excellent calculations others have shared, if they somehow insist on 1099 status (which they legally cannot do retroactively), you'd need around $95-105/hour to maintain equivalent after-tax compensation. This accounts for the 15.3% self-employment tax, loss of unemployment/workers' comp protection, professional liability insurance costs, and the administrative burden of quarterly taxes and business record-keeping. My recommendation: Send a polite but firm email referencing your original negotiations and documentation. Make it clear you'll continue under the agreed W-2 terms. If they persist with this "correction," present them with the math showing what equivalent 1099 compensation would actually look like. Don't let them gaslight you into thinking their failure to understand their own classification policies is somehow your problem to solve. You negotiated in good faith and have every right to expect them to honor their commitments.

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This is such excellent advice, especially about not letting them gaslight you into thinking their policy confusion is your problem! The documentation aspect really can't be overstated - having that paper trail of specifically negotiating W-2 status makes their "mistake" claim pretty hard to defend. Your point about IRS classification being based on actual working relationships is spot-on. When you're essentially functioning as a staff member (scheduled shifts, using hospital equipment, following their policies), slapping a "PRN" or "contractor" label on it doesn't magically change the employment reality. The $95-105/hour calculation range seems to be the consistent consensus throughout this thread, which gives me confidence it's realistic. It really drives home how much employers save by having W-2 employees versus truly independent contractors - no wonder they're reluctant to honor the original agreement! I appreciate the suggested approach of being polite but firm. Sometimes it's hard to know how to push back professionally while still standing your ground. Having clear documentation and being able to present the actual math behind equivalent compensation should make it much harder for them to dismiss the request. This whole thread has been incredibly educational about worker classification rights. It's unfortunate that so many employers seem to be trying these retroactive reclassification tactics, but at least we know what our options are!

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